At 81, the client had a history of arthritis and mobility issues. These conditions complicated the process of establishing which injuries and medical expenses were attributable to the collision.
Medicare also raised questions about his prior medical treatment, making it important to distinguish his existing conditions from the injuries and symptoms associated with the crash.
The driver who caused the collision was operating a rental vehicle for work. However, the company he worked for denied responsibility, arguing that he was a subcontractor working for a third-party company.
This created an additional dispute over which parties could be held responsible for the accident.
The other driver claimed that the elderly man accelerated as the trailer merged into his lane, contributing to the collision.
Under Virginia’s strict contributory negligence rule, even a small degree of fault on the injured person’s part can prevent recovery. Establishing that the client had not contributed to the accident was critical.
