BenGlassLaw Car Accident Team Secures $460,000 Settlement in Fair Oaks Accident
This 54 year old gentleman who was on the job was struck from behind by a young, distracted driver, and seriously injured. He ultimately was not able to continue at his profession and had to undergo several surgeries. The accident occurred in Interstate 66 near Fair Oaks.
His total medical bills were $125,000. The young driver who hit him and who had been texting at the time of the crash, had minimal insurance.
Worker’s compensation had paid most of the medical bills.
The case was settled for $460,000. We were able to recover because the car in which our client was driving had a large amount of underinsured motorist coverage available. We negotiated the lien that the worker’s compensation insurance company had on the case and we were able to put over a $250,000 in the client’s pocket.
Worker’s Compensation Subrogation Lien on Recovery for Third-Party Crash
In Virginia, when an employee is injured on the job due to the actions of a third party, the workers’ compensation insurance that covers the employee’s medical expenses and lost wages may seek reimbursement through a process known as subrogation. This legal principle allows the workers’ compensation insurer to recover the amounts paid to the injured employee from the third party that caused the injury.
Subrogation is an important aspect of workers’ compensation law because it helps to ensure that the cost of the injury is ultimately borne by the party responsible for causing it, rather than the workers’ compensation insurance system or the injured employee. This not only helps in maintaining the financial stability of the workers’ compensation insurance fund but also discourages negligence and promotes accountability.
Here’s how it typically works: After an employee is injured and files a workers’ compensation claim, the insurance company pays out benefits for medical care and a portion of the employee’s lost wages. If the injury was caused by a third party—perhaps a negligent driver in a car accident while on the job, or a manufacturer of faulty equipment—the workers’ compensation insurer has the right to pursue a claim against the third party to recover the amounts paid in benefits. The employee may also have the right to sue the third party for damages that are not covered by workers’ compensation, such as pain and suffering, but any recovery made may be subject to the insurer’s lien for reimbursement of workers’ compensation benefits previously paid.
The process usually involves the insurance company either joining the legal action initiated by the employee against the third party or filing a separate claim directly against the third party. The goal is to obtain compensation from the third party equivalent to what the insurer paid out in benefits due to the injury.
In Virginia, the right of subrogation is a legally supported mechanism under workers’ compensation laws, which stipulates that if an insurer pays an employee’s claim for an injury that a third party caused, the insurer may recover those costs from the third party. This system underscores the principle that those at fault should be responsible for the financial consequences of their actions, promoting fairness and justice within the workers’ compensation system.
The Importance of Uninsured Motorist Insurance
Of course, that doesn’t sure the pain he was still having, but it was better than the measly amount he would have recovered had sufficient underinsured motorist funds not been available for settlement.
In Virginia, it’s very important for drivers to have uninsured motorist (UM) coverage. This is because many drivers on the road either don’t have enough insurance or don’t have any insurance at all. Even though the law says drivers must have insurance, not everyone follows this rule. Uninsured motorist coverage helps pay for things like doctor bills and car repairs if you get into an accident with someone who doesn’t have enough insurance to cover the damage they caused.
Uninsured motorist coverage is helpful not only for accidents with uninsured drivers but also in situations like hit-and-run accidents where the other driver leaves and can’t be found. Accidents can lead to big bills for medical care and fixing your car. Having uninsured motorist coverage means you won’t have to worry about these big bills because the insurance will help take care of them. This insurance isn’t just about money; it’s an important part of being a responsible car owner in Virginia.
Distracted Driving and Rear End Accidents in Virginia
Rear-end collisions are among the most common types of automobile accidents, and distracted driving is a leading cause of these incidents. As the use of smartphones and other digital devices has proliferated, so too has the incidence of accidents attributed to drivers being distracted by these devices. Distracted driving encompasses a range of activities that divert a driver’s attention away from the road, including texting, using a smartphone, eating, using in-car technologies, and adjusting radio or climate controls.
Texting while driving is particularly dangerous because it combines visual, manual, and cognitive distractions. The average time a driver takes their eyes off the road to send or read a text is five seconds. At highway speeds, this is equivalent to driving the length of a football field blindfolded. This type of distraction dramatically increases the likelihood of failing to notice the flow of traffic slowing or stopping ahead, leading to a rear-end collision.
Studies and statistics show that rear-end collisions account for a significant percentage of accidents involving distracted drivers. These crashes often result in a range of injuries, from whiplash and other soft tissue injuries to more serious conditions like head and spinal injuries, depending on the speed at the time of the crash and the severity of the impact. Even when no injuries occur, these accidents can cause substantial vehicle damage and significant disruptions to traffic.
Efforts to reduce distracted driving and its related accidents include legislation banning the use of handheld devices while driving, campaigns to raise awareness about the dangers of texting and driving, and innovations in vehicle technology such as automatic emergency braking systems. However, the effectiveness of these measures heavily relies on driver compliance and awareness. As awareness grows and laws are enforced, the aim is to see a decrease in distracted driving incidents, thereby reducing the number of preventable rear-end collisions and enhancing overall road safety.
Brian Glass leads the Virginia Car Accident team at BenGlassLaw.