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Man Hit by Drowsy Trucker on the Eastern Shore
Man Hit by Drowsy Trucker on the Eastern Shore

I am here to help you in your time of need.- Will Dudley

Attorney at Cooper Hurley Injury Lawyers

$900,000 Settlement to Man Hit by Drowsy Trucker on the Eastern Shore

WE CANNOT GUARANTEE YOU WILL RECEIVE THE SAME RESULTS, BUT WE CAN GUARANTEE THAT OUR INJURY LAWYERS WILL WORK TIRELESSLY ON YOUR CASE TO TRY OUR BEST TO OBTAIN THE JURY VERDICT OR SETTLEMENT THAT YOU DESERVE.

ATTORNEY

Jim Hurley

WHAT HAPPENED

A tractor-trailer crashed into a group of cars that were stopped at a red light in Nassawadox on the Eastern Shore of Virginia.

A passenger in one the vehicles was hit so hard his seat was broken and his head crashed into a head rest. He was transported to a local hospital and diagnosed with a closed head injury, a cervical strain and a right shoulder contusion.

He required follow up treatment with an orthopedist for treatment of neck and shoulder injuries but suffered from ongoing headaches. He was later referred to a local neurologist who diagnosed post concussion syndromes and prescribed medication for his headaches. He experienced other symptoms that were consistent with a traumatic brain injury, including inattention, poor concentration and visual disturbance when reading. He was able to return to work as a laborer tying steel, two months after the accident. He also hired injury lawyer Jim Hurley as part of a team of attorneys.

The attorneys were able to uncover alarming evidence about the nature of the truck crash in Nassawadox including a video of the crash that was obtained from a convenience store surveillance camera.

The truck driver admitted to Virginia State Police investigators that he had fallen asleep at the wheel before the wreck. Toxicology tests uncovered a 0.57 mg/L concentration of Oxycodone in the blood of the trucker. Evidence recovered by state police from the truck’s ECM or “black box” revealed that the tractor trailer was traveling at about 64.5 mph in a 50 mph zone at the time of the impact. There was no evidence that he had applied the truck’s brakes.

Our client continued to suffer from problems months after the accident. Although his post-traumatic headaches improved five months after the crash with medication therapy, 18 months after the accident, he returned to his neurologist, complaining of headaches. The neurologist referred him to Dr. Gregory O’Shanick, a neuropsychiatrist, for a consultation. He was suffering from short-term memory issues, headaches and blurry vision when he was reading.

O’Shanick diagnosed our client with a mild traumatic brain injury from the crash, attention-deficit disorder, post-traumatic headaches, post-traumatic stress disorder (PTSD) and orbitofrontal syndrome related to the mild traumatic brain injury.

Diffusion tensor imaging (DTI) technology showed our client suffered from reduced fractional anisotropy in the right occipital portion of his brain. His radiologist was prepared to testify that these findings were consistent with a contusion that was noted in the emergency room after the crash..

OUTCOME

The case was settled at a mediation hearing before trial in the U.S. District Court, Norfolk Division, for $900,000. The sum included $14,073 in special damages for past medical and $773,250 for a life care plan.

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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