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College Student Failed to See a Walker in a Virginia Crosswalk

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Attorney at Cooper Hurley Injury Lawyers

College Student Failed to See a Walker in a Virginia Crosswalk

A $245,000 settlement has been reached in a case in which a college student failed to see a walker in a Virginia crosswalk, causing serious injuries.

Virginia Lawyers Weekly noted a 23-year-old graduate student was walking home at 8:20 p.m. one night with her fiancé while carrying groceries from Wal-Mart.

She was hit while crossing a four-way controlled section against a red light.

A car made a left turn in the opposite direction and went through the intersection on a green light and a green left turn arrow.

Virginia Lawyers Weekly reported the intersection lacked separate pedestrian controls or crosswalk markings, but the woman had stepped off a sidewalk.

The driver was a 20-year-old college student. He had a completely unobstructed view and could offer no explanation why he failed to see a walker in a Virginia crosswalk. The driver said he was not texting or distracted in any other way.

A group of people saw the accident and could offer no explanation for the driver’s failure to notice the pedestrians.

Jim Hurley of Cooper Hurley Injury Lawyers talks about crosswalk accidents

A Virginia State Trooper was called to the accident scene. No citation was issued against the driver.

However, the walker was seriously injured. The impact of the crash threw her onto the hood where her head hit the windshield. She was thrown to the ground and put in a coma.

The woman was hospitalized for a week. She underwent significant physical therapy, occu­pational therapy, required surgery, optical therapy to repair her labral tear. She remained in treatment for a considerable time after the accident.

The woman was six months away from gaining a graduate degree in conflict resolution. The accident left her still employable but limited her fu­ture earning capacity. She suffered a traumatic brain injury, memory loss, depression and visual disturbance.

A lawsuit was filed in Stafford County Circuit Court. The case was resolved in April for $245,000, a sum that reflected the limits of the defendant’s insurance policy.

The plaintiff was represented by attorney Scott A. Surovell of Fairfax in Virginia.

This case demonstrates that a pedestrian still has a right to file a lawsuit against a driver even if the driver has a green light on an intersection and is not cited by police. In this case, the driver had no good reason not to see the walker.

Find out more about crosswalk accidents here on our website. If you or loved one has been injured crossing the road, call us at (757) 455-0077.

Griff O'Hanlon

 

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John Cooper

John Cooper is a veteran of personal injury law practice in Virginia. A native Virginian, he was raised in Norfolk and Virginia Beach. He has more than 20 years of experience handling personal injury cases and recently handled the largest auto accident settlement in 2010, according to VA Lawyers Weekly. The award provided $3.5 million to a child whose young father died when the vehicle he was a passenger in was rear-ended by a careless truck driver.

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Jim Hurley

Jim Hurley has been practicing law throughout Virginia for more than two-and-a-half decades. During his career, he has tried more than 100 jury trials — a staggering number — and handled hundreds more that were settled out of court. He is guided by the principle that the client is in charge of his or her case and should be kept fully aware of the litigation process. Jim has been awarded an AV Rating by Martindale-Hubbell, the highest rating given, for his practice of law. He was named in Virginia Super Lawyers in 2014, 2015, 2016.

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Bill O’mara

Bill O’Mara started his legal career in 2008, moving back to his home town of Chesapeake, VA. He has practiced in the field of plaintiffs’ personal injury and other litigation. He has gained extensive court room and trial experience, including contested trials before judges and juries across Hampton Roads. In 2014, Mr. O’Mara joined Cooper Hurley Injury Lawyers as an associate attorney. He became a partner in 2017.

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