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$1.5 Million Settlement for the Family of a Husband and Father Killed by a Delivery Truck
$1.5 Million Settlement for the Family of a Husband and Father Killed by a Delivery Truck

I focus on achieving favorable results with dedication & hard-work.- Griffin O'Hanlon

Attorney at Cooper Hurley Injury Lawyers

$1.5 MILLION SETTLEMENT FOR THE FAMILY OF A HUSBAND AND FATHER KILLED BY A DELIVERY TRUCK

WRONGFUL DEATH CASE RESULTS DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH TRAGEDY AND SETTLEMENT SUCCESS FOR ONE FAMILY DOES NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY THE ATTORNEY.

ATTORNEYS

John Cooper and Jim Hurley

WHAT HAPPENED

On an urban street in Hampton Roads, the driver of a van was killed when he was rear-ended by a truck. The speed limit for the road he was driving on was 35 mph but the truck driver’s speedometer needle was stuck at 45 mph after the crash. The husband who was killed was ejected from his vehicle into the road and died at the accident scene.

In the wake of the death, the family of the van driver hired Cooper Hurley Injury Lawyers to represent them in a wrongful death lawsuit against the driver of the truck and the company that employed him. In a wrongful death lawsuit, a family can claim for a range of grief losses and economic harms such as funeral expenses, medical expenses to treat the person before death, the future income of the deceased, and financial contributions in the future that family members were deprived of due to a death. The dead man left behind a widow and three children whose ages ranged from seven to twelve.

Attorneys, John Cooper and Jim Hurley, discovered alarming medical evidence related to the truck driver who caused the accident. He lacked a valid CDL medical certificate at the time of the crash and potentially suffered from sleep apnea, a disease that can make a driver drowsy behind the wheel. During the course of the case, our legal team also uncovered hours of service violations by the truck driver who was moonlighting at a second job in the weeks before the wreck. The federal hours of service regulations are intended to protect other drivers from fatigued truckers. We hired experts in commercial truck driving to prove the safety rule violations.

Insurance lawyers acting for the delivery company attempted to present a contributory negligence argument. They claimed the man whose family we represented made a right hand turn from the left lane in front of the truck before the impact. This claim was likely untrue, but our person was dead and could not explain what he did. The insurance company lawyers also tried to say that the cause of the wreck was our driver having alcohol in his system.

John Cooper and Jim Hurley argued that alcohol was not the cause of the accident in which the husband was rear-ended. The physical evidence, including marks in the road, showed the delivery driver was the real cause of the accident.

OUTCOME

The case was resolved without trial. The claim was settled for $1.5 million which was a compromise agreed to because of the risks to both sides if the case was tried. Our client, the wife of the man who died, was able to pay off the family home and secure the financial future of her sons.

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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