The plaintiff in this case was a 5 year old boy who was playing in a parking lot near his home, who was struck by the Defendant’s vehicle and then dragged several feet across the pavement. After the accident, the intoxicated Defendent fled the scene. The child was left in the parking lot with numerous injuries including a head injury, a left ear injury, a left shoulder injury, a right ankle fracture, and a nose fracture. He underwent multiple operations and also suffered from mild learning disabilities. Despite these injuries and disabilities, the plaintiff was expected to be capable of caring for himself later in his life.
Allegedly, the defendant did not pay sufficient attention to the road and was driving under the influence of alchohol. The defendant admitted to feeling a bump, and that he fled the scene because he feared the consequences. He was charged with the felonies of hit and run and driving under the influence. Both of these charges are punished severely under the Commonwealth of Virgina’s laws. The defendant had admitted liability. A bench trial in the Rockingham County Circuit Court resulted in a verdict of $600,000. As a former prosecutor, Herndon car crash injury lawyer Doug Landau of ABRAMS LANDAU, Ltd. notes that even if there are criminal and/or traffic convictions, and even a jail sentence, a plaintiff can still get restitution. An innocent victim of a car crash, pedestrian impact or bicycle accident can still recover compensation for the injuries and losses caused by the Defendant’s negligent and reckless conduct. The Landau Law Shop trial attorney adds that this usually occurs later in a civil lawsuit.