BenGlassLaw Legal Team Secures $375,000 Verdict Against County Deputy Sheriff for Careless Driving. Virginia Supreme Court Upholds the Verdict
Our client was a young man driving a motorcycle. He was severely injured when a deputy sheriff negligently pulled out in front of him.
Overview of Motorcycle Accidents in Virginia
Motorcycle accidents are a significant concern in Virginia, leading to numerous injuries and fatalities each year. The state’s scenic roads and popular motorcycling routes contribute to the popularity of motorcycle riding, but also present unique challenges and risks.
Frequency of Motorcycle Accidents in Virginia
According to data from the Virginia Department of Motor Vehicles (DMV), in 2022, there were over 2,000 motorcycle crashes reported in the state. These crashes resulted in more than 1,500 injuries and nearly 100 deaths. This means that motorcycle accidents, while fewer in number compared to car accidents, tend to result in higher rates of serious injuries or fatalities due to the exposure of riders.
The county offered no settlement, relying on the fact that they felt the deputy was immune from suit due to the doctrine of governmental immunity.
Key Points of Governmental Immunity in Virginia:
- Scope of Immunity:
- Governmental immunity applies to both state and local government entities, as well as their employees.
- The doctrine generally covers actions taken in the course of governmental functions, which are tasks performed for the benefit of the public (such as law enforcement or emergency response).
- Exceptions:
- Immunity does not cover proprietary functions, which are activities typically performed by private entities (such as operating a utility or maintaining a municipal golf course).
- The government can also waive immunity in certain cases, particularly when purchasing liability insurance.
- Employees:
- Government employees have qualified immunity, which protects them for discretionary actions taken in good faith within the scope of their employment.
- However, they can be held liable for gross negligence or intentional misconduct.
- Claims:
- The Virginia Tort Claims Act allows individuals to bring claims against the state for certain negligent acts, but limits damages and requires specific notice procedures.
Implications:
Governmental immunity in Virginia serves to balance the need for effective public administration with the rights of individuals. It provides protection to governments and their employees while also offering limited avenues for redress in cases of negligence or misconduct.
The jury rejected all of the county’s arguments and awarded our client $375,000 and the county appealed the case to the Supreme Court of Virginia. Mr. Glass argued the case and the Court held that deputy sheriffs were not immune from suit for their negligence in simple driving situations. This was a very important victory for citizens of Virginia.
Common Causes of Motorcycle Accidents
- Left-Turning Vehicles: One of the most common causes of motorcycle accidents occurs when a car turns left in front of an oncoming motorcycle. These types of accidents often happen at intersections and are typically due to drivers misjudging the speed of the approaching motorcycle or failing to see it altogether.
- Lane Switching: Accidents frequently occur when drivers fail to check their blind spots or do not signal while changing lanes, colliding with motorcyclists who may be alongside them.
- Speeding and Reckless Driving: Speeding and reckless driving are leading contributors to motorcycle accidents. Both motorcyclists and drivers who exceed speed limits or engage in aggressive driving behavior significantly increase the risk of collisions.
- Road Hazards: Motorcycles are more vulnerable to road hazards such as potholes, debris, uneven pavement, or wet conditions. These hazards can cause motorcyclists to lose control and crash.
- Driving Under the Influence: Impaired driving, whether by motorcyclists or other drivers, is a major factor in many motorcycle accidents. Alcohol and drugs impair judgment and reaction times, leading to dangerous situations on the road.
Injury Patterns in Motorcycle Accidents
Motorcycle accidents often result in serious injuries due to the lack of protective barriers. Common injuries include:
- Head Injuries: Even with helmets, motorcyclists are at risk of traumatic brain injuries, which can have long-lasting or permanent effects.
- Spinal Injuries: The impact of a crash can cause significant spinal damage, leading to paralysis or other severe conditions.
- Fractures: Broken bones are common, especially in the arms, legs, and ribs, due to the impact and lack of protection.
- Road Rash: When motorcyclists slide on the pavement, they often suffer abrasions or “road rash,” which can range from mild to severe and may require extensive treatment.
Preventive Measures
To mitigate these risks, both motorcyclists and drivers should exercise caution. Motorcyclists should wear proper protective gear, follow traffic laws, and stay alert to potential hazards. Drivers should be vigilant for motorcycles, especially when turning or changing lanes.
From Virginia Motorcycle Accident Attorney Brian Glass:
Motorcycle accidents in Virginia are a serious issue, resulting in numerous injuries and fatalities annually. By understanding the common causes and preventive measures, riders and drivers can work together to reduce the frequency and severity of these accidents, creating a safer environment for everyone on the road.
Brian Glass leads the Virginia Car Accident team of BenGlassLaw.