$1.45 Million Settlement for a Middlesex County Bicyclist Struck by a Car

Rutter Mills personal injury attorneys Sandra Craine-Gonzalez and Andrew Boran recovered $1.45 million for an elderly bicyclist struck from behind by a car in Middlesex County, VA. The collision caused severe leg, back, and shoulder injuries requiring multiple surgeries and joint replacements. After two insurance companies tendered their policy limits, Rutter Mills pursued additional compensation from a third insurer, securing a total settlement of $1,450,000.

Case Details

• Practice Area: Bicycle Accidents
• Location: Middlesex County, VA
• Injuries: Broken right femur, back fracture, concussion, knee injuries, torn left rotator cuff, left wrist and hand injuries
• Resolution: Settlement
• Amount: $1,450,000
• Attorneys: Sandra Craine-Gonzalez and Andrew Boran

Multiple Surgeries, Joint Replacements, and More Than $600,000 in Medical Bills

The bicyclist underwent emergency surgery for his broken femur and remained hospitalized for 20 days. His injuries included a fractured right femur, knee damage, a broken lower back, a torn left rotator cuff, injuries to his left wrist and hand, and a concussion.

His medical treatment and recovery included:

• Emergency air transport and hospitalization
• Surgery to repair his fractured femur
• Four right knee surgeries, culminating in a total knee replacement
• Two left shoulder surgeries, culminating in a total shoulder replacement
• Physical, occupational, and speech therapy
• Rehabilitation and ongoing physical therapy
• Medical equipment

Imaging also revealed post-traumatic osteoarthritis, severe cartilage degeneration, and avascular necrosis in his femur, a condition in which bone tissue dies because of insufficient blood supply.

The accident dramatically changed his daily life. Before the crash, he regularly cycled ten miles, exercised, golfed, hunted, and fished from his boat. Afterward, he struggled to walk, climb stairs, rise from a seated position, or lift his hunting rifle. His reduced mobility and activity also worsened his Parkinson’s symptoms.

How Multiple Insurance Policies Can Increase Recovery in Virginia Bicycle Accident Cases

In Virginia, an injured bicyclist’s compensation is not necessarily limited to the at-fault driver’s liability insurance. When the available liability coverage is insufficient to compensate for serious injuries, underinsured motorist (UIM) coverage can provide an additional source of recovery, depending on the applicable policies and Virginia law.

Virginia Code § 38.2-2206 governs uninsured and underinsured motorist coverage, including procedures that can allow injured claimants to resolve claims involving certain insurers while preserving their ability to pursue other available coverage.

In this case, Rutter Mills used the applicable provisions of § 38.2-2206 to secure the first $1.25 million while continuing litigation against the remaining insurer. Rather than accepting the third carrier’s initial offer, the attorneys continued pursuing the claim until the insurer agreed to pay $200,000.

The result was a total recovery of $1.45 million from three insurance policies.

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