This case arose from an August 30, 2016, tractor-trailer versus Honda Accord crash that happened at the intersection of Interstate 85 North and Route 1 in South Hill, Virginia. After visiting his son who was a college student in Charlotte, North Carolina, our client was on his way back home to New Jersey with a friend. Because they were traveling late at night, his friend was driving while our client slept in the passenger seat.
A tractor-trailer approached I-85 from the entrance ramp at Route 1 where he failed to yield and merged into the rear of our client’s Honda. The Honda began spinning at approximately 65-70 miles per hour, slamming headfirst into the guard rail.
Once the ambulance arrived at the scene of the crash, they transported our client to the ER at VCU Community Memorial Hospital in South Hill, Virginia. His medical records reflected he was suffering from a headache, chest pain, and injuries to his neck, back, and shoulder. Remarkably, he was not diagnosed with a concussion in the ER, but he was diagnosed with multiple muscle strains and orthopedic injuries. He was later discharged, and his other son drove from New Jersey to drive him back home.
He was out of work for a few weeks due to the persistent pain from which he was suffering. He immediately sought treatment with an orthopedic specialist, and reported he was having difficulty completing everyday tasks due to the pain. He also continued suffering from headaches, vision problems, balance problems, and motion sickness. Eventually, he was referred to a neurologist for evaluation and treatment of post-concussion syndrome.
His treating neurologist ordered multiple MRI scans revealing injuries to his spine at the L5-S1 discs, C3-4 through C5-C6 discs, causing radicular symptoms, as well as a hairline fracture to his right knee, presumably from hitting the dashboard upon impact. Our client received extensive pain management treatment using epidural steroid and facet joint injections and a radiofrequency rhizotomy procedure on his cervical spine.
Our client did construction work as an independent contractor at a company in which he was the sole proprietor. Due to his injuries and symptoms following the crash, he was no longer able to do the hands-on carpentry work for his company. He had to hire outside help to complete the jobs he was doing on his own prior to the crash. This resulted in a loss of earnings, estimated to be between $500,000 and $750,000.
At the time of the mediation, our client’s medical bills totaled approximately $65,000. Following the mediation with James Barkley, Esq., of The McCammon Group, Kevin Mottley and Ben Kyber of The Mottley Law Firm settled this matter for $400,000 in May 2022. The case was set for trial a few months later, in August 2022, in the Circuit Court of Mecklenburg County, Virginia.
