$160,000 Settlement for Highway Worker Struck by Car on I-64 Near Williamsburg

$160,000 Settlement for Highway Worker Struck by Car on I-64 Near Williamsburg

Results

Posted on Nov 06, 2026

Rutter Mills personal injury attorney William Nexsen secured a $160,000 settlement for a highway worker seriously injured while clearing an accident scene on I-64 near Williamsburg, VA. The worker suffered multiple fractures in his left leg after a driver struck his work truck, sending him flying approximately 20 feet into a ditch. Rutter Mills pursued compensation through three separate insurance policies, recovering the available policy limits.

Case Results

- Practice Area: Car Accidents
- Location: Williamsburg
- Injuries: Fractured left tibia and fibula
- Resolution: Settlement
- Amount: $160,000
- Date of Crash: May 2024
- Attorney: William Nexsen

Highway Worker Thrown 20 Feet in I-64 Accident Near Toano

A highway worker was helping clear an accident scene on I-64 near mile marker 227. Once the damaged vehicles were removed, the worker radioed his supervisor to report that the scene was clear. Wearing a helmet and a bright orange safety vest, he stepped out of his truck to collect the traffic cones.

That’s when another driver lost control and crashed into his work truck.
The force of the collision sent the truck spinning into the highway worker, launching him approximately 20 feet through the air and into a ditch.

Emergency responders rushed to the scene and transported the injured worker to the hospital, where he underwent emergency surgery for severe fractures in his left leg.

Broken Leg Requires Multiple Surgeries and Extensive Rehabilitation

The highway worker suffered fractures to both his tibia and fibula, the two bones that make up the lower leg. Surgeons inserted metal rods, pins, and screws to stabilize the fractures.

His injuries and treatment included:

Emergency hospitalization and surgery
Fractures of the left tibia and fibula
Surgical placement of rods, pins, and screws
A second surgery on his injured leg
Extended periods of non-weight-bearing restrictions
Physical therapy and work-conditioning rehabilitation

The severity of his injuries left him unable to return to his physically demanding job. As he strived toward regaining his strength and mobility, complications involving elevated blood pressure and anxiety temporarily interrupted his work-conditioning program.

He continued physical therapy while managing his recovery, uncertain when he would be able to resume his normal duties.

Case Challenges: Serious Injuries, Workers' Compensation, and Multiple Insurance Policies

Because the highway worker was injured while performing his job duties, his case involved both a personal injury claim against the at-fault driver and a separate workers' compensation claim.

The worker’s medical bills exceeded the $30,000 available through the at-fault driver’s liability insurance. His injuries required multiple surgeries and extensive rehabilitation, and he remained unable to work.

Recovering only the policy limit would leave a significant gap between the available insurance and the losses he had suffered.

Because the accident occurred during his employment, workers’ compensation provided benefits related to his medical treatment and inability to work. With a workers’ compensation lien in place, our team had to account for how the available insurance coverage and lien obligations would affect the client’s recovery.

How Will Nexsen Secured a $160,000 Settlement

Rutter Mills attorney William Nexsen pursued compensation through every available insurance policy, beginning with the at-fault driver’s liability coverage. The liability insurer tendered its full $30,000 policy limit, but the client’s injuries and financial losses justified pursuing additional compensation.

Our team identified two additional sources of underinsured motorist (UIM) coverage: an $80,000 policy associated with the worker’s employer and a $50,000 policy through his personal auto insurance.

After negotiations, both UIM insurers agreed to tender their full available limits.

The final settlement included:

$30,000 from the at-fault driver’s liability insurance
$80,000 from the employer’s UIM coverage
$50,000 from the client’s personal UIM coverage

The case settled for a total of $160,000.

By identifying all three available insurance policies, Will secured compensation beyond the at-fault driver’s limited coverage while preserving the client’s ability to continue pursuing workers’ compensation benefits.

Can You File a Personal Injury Claim While Receiving Workers’ Compensation in Virginia?

Yes. In Virginia, an employee injured on the job by someone other than their employer or a protected coworker can potentially pursue a personal injury claim against the responsible third party while receiving workers’ compensation benefits.

Under Virginia Code § 65.2-309, workers’ compensation insurers can have reimbursement rights when an injured employee recovers compensation from a responsible third party.
For example, a highway worker struck by a negligent driver while performing job duties can have a workers’ compensation claim for medical treatment and lost wages while also pursuing a personal injury claim against the driver. These claims involve different benefits and legal requirements, and coordinating them is important to protecting the injured worker’s recovery.

In this case, Rutter Mills secured $160,000 through three insurance policies while the client’s workers’ compensation claim remained open.

Talk to a Rutter Mills Virginia Car Accident Attorney

Car accidents involving employees on the job can create complicated questions about liability insurance, underinsured motorist coverage, and workers’ compensation benefits. The car accident attorneys at Rutter Mills investigate every available source of compensation and help injured workers navigate overlapping claims.

Call or text (757) 777-7777 for a free consultation. Rutter Mills charges no attorney fees or case costs unless we win.

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