05242017Headline:

Fairfax, Leesburg & Loudoun, Virginia

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Doug Landau
Doug Landau
Attorney • (866) 735-1102 Ext 610

Cell phone driver injures elderly Virginia motorist

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In a Virginia Circuit Court injury case that was resolved through arbitration, the left turning defendant driver’s allegation that they were not responsible was trumped by proof of their "distracted driving." While we have reported many verdicts, settlements and mediations, arbitration is another avenue useful for resolving cases without the uncertainty and expense of going to trial. In a Virginia Circuit Court car crash injury case that was resolved through arbitration, documentary evidence that was not produced at the scene lead to a favorable result for the victim. While the plaintiff was proceeding straight through a green light, the defendant driver was turning left. However, the insurance defense counsel claimed that they were not responsible for the wreck. However, this frivolous defense was trumped by proof of the defendant driver’s "distracted driving." Liability was initially being disputed by the defendant until subpoenaed cell phone records established that the defendant was talking on the cell phone when the crash occurred.

The 82 years old victim was transported by ambulance to VCU Medical Center. Upon admission to the Richmond hospital, the plaintiff was diagnosed with an open right ankle fracture of the medial malleolus and a comminuted fracture of the distal tibia and fibula which resulted in the plaintiff developing a chronic bone infection at the fracture site. The injured woman underwent six surgical procedures over approximately seven months to repair her ankle fracture and to treat the chronic infection according to the Lawyers Weekly case report.

Because the injured woman would still need treatment after the case was arbitrated, a life care plan was prepared. At ABRAMS LANDAU, Ltd., we will invest the time, effort and money to have a Life Care Plan put together by a qualified expert so that our client, the court, defense counsel, the insurance company, the arbitrator or mediator can understand the cost of the future care needed to fix what the defendant has broken. In this car crash case, the life care plan outlined the future medical treatment she would require for the unstable ankle fracture and the chronic ostemyelitis infection. The arbitration award in favor of the injured plaintiff took into account the costs set forth in the elderly woman’s Life Care Plan.