Bicycle crash leads to $2.3 million settlement

Two Raleigh attorneys helped a man who was seriously injured in a bicycle crash quickly collect a $2.3 million settlement to improve the quality of his medical care.

Benjamin H. Whitley and his father, Robert E. Whitley, both of the Whitley Law Firm, represented a 35-year-old man who suffered traumatic brain injuries in June 2011, when a bicycle he was riding collided with the side of a car. He was hospitalized for three months following the crash and continues to recover at a rehabilitation and nursing center.

The man had been speeding downhill on his bicycle when the car’s driver failed to brake for a stop sign and crossed in front of him. He also was not wearing a bicycle helmet during the crash.

The driver’s insurance company, USAA, initially hinted at a contributory negligence defense, but backed down after the Whitleys said they would sue the driver and her husband if their client’s claim was denied or reduced in any way.

The insurer agreed to settle the case for the coverage limits of the driver’s underlying liability and umbrella policies. An attorney did not appear for USAA or the driver, but an insurance claims adjuster negotiated the settlement with the plaintiff.

“This was particularly unusual,” Benjamin Whitley said. “But time was of the essence in getting this completed because [the plaintiff] had a catastrophic injury.”

Forsyth County Superior Court Judge William Z. Wood approved the settlement in October 2011, about four months after the collision. The Whitleys had sought an expedited settlement approval so the money would be available through a special needs trust for the plaintiff’s medical care.

“We didn’t want anything dragged out,” Benjamin Whitley said. “If it had taken a long time, we would not have been able to provide the care that he needed within the first year.”

The special needs trust allowed the plaintiff to preserve his Medicaid benefits while using the settlement money for additional treatment that would not be covered by Medicaid. A person who has more than $2,000 in assets is disqualified from Medicaid, but not if the assets are in a special needs trust.

The settlement money in the trust allowed the plaintiff to have a special bed that moves his body to prevent bedsores and to be seen by additional health care professionals and experts, Benjamin Whitley said.

“I think we were able to make a bad situation a little more bearable for the family,” he said, adding that the plaintiff is now able to communicate and use a TV remote, which he was initially unable to do after the crash.

“Experts say that after the first year of improvement, that’s probably what [his permanent condition] will be,” he said. “He does seem to be improving and he has time left to improve, which is a good sign.”

Settlement Report

Type of Action: Negligence

Injuries alleged: Traumatic brain injury

Name of case: Withheld by plaintiff

Court: Forsyth Superior Court

Verdict or settlement: Pre-trial settlement

Amount: $2.3 million

Date of verdict or settlement: 10/14/2011

Highest Offer: None

Most helpful experts: Benjamin B. Liipfert III, special needs trust administration lawyer (Winston-Salem)

Insurance Carrier: USAA

Attorneys for plaintiff: Benjamin H. Whitley and Robert E. Whitley (Raleigh)

Attorney for defendant: None appeared: An insurance adjuster negotiated with plaintiff’s attorneys

Were liability and/or damages contested? Yes