In automobile trials in which the Defendant motorist does not know if the traffic light was green or red, or has no idea what the color of the light was, an eye witness or an intersection camera can be used to prove who was in the wrong. At ABRAMS LANDAU, Ltd., our Herndon law firm has had many cases that both the Defendant and Plaintiff are unsure of exactly when the light changed. In some cases, trailing vehicles can make the case for liability. In other cases, motorists, cyclists, and pedestrians that are approaching towards the defendant’s or plaintiff’s vehicle can support the plaintiff’s allegations. Perpendicular vehicles can do this as well. In a recent case brought to Virginia intersection crash injury lawyer Doug Landau’s attention, a Defendant driver admitted he was unsure whether the traffic light in the case was green or red at the time of the Mechanicsville Turnpike intersection crash. The plaintiff’s vehicle was damaged by the defendant’s van.
The defendant was driving an automobile owned by his employer, and was doing as he was required to do by his job. Therefore, the defendant’s employer’s insurance covered the damages. Two witnesses testified that the plaintiff had a green light. The plaintiff suffered a brain injury and multiple internal injuries from the crash. He was taken to a hospital and stayed for 26 days. The plaintiff stated that he was operated on twice due to his brain and internal injuries, and also had to spend time in a rehabilitation hospital due to the accident. The defendant admitted liability for the crash, but defense counsel contended that the brain injury that the plaintiff suffered from was much less extreme than he stated it was.
The plaintiff testified that he suffered from subdural hematoma with a brain injury that required rehabilitation and caused cognitive deficits. The plaintiff also suffered from herniation of the spleen and stomach and colon into the chest cavity caused by a traumatic diaphragmatic rupture. Other injuries that the plaintiff claimed to suffer from were rib fractures, pneumothorax of the left lung, right lung collapse of the lower lobe, pulmonary contusion, pneumatocele (air filled cysts in the lung), and mediastinal shift. Given the extent and nature of the plaintiff’s injuries, no one at the Landau Law Shop was suprised that this Richmond City, Virginia Case was settled for $5,000,000 before a trial.