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Plaintiff hit by driver in construction zone settles for $3.03M 

Haviland Stewart//February 8, 2023

Plaintiff hit by driver in construction zone settles for $3.03M 

Haviland Stewart//February 8, 2023

A 71-year-old pedestrian who was struck by a pickup truck has reached a $3.03 million settlement.



The plaintiff was struck by a pickup truck while crossing the street of a small-town intersection that was undergoing construction. The plaintiff, however, did not file suit against the pickup truck driver who hit her, but rather the construction company responsible for controlling traffic at the intersection. 


At the time of the accident, a road construction crew was resurfacing the southbound lane just south of the intersection. According to plaintiff counsel John Chilson, southbound traffic was diverted to the middle turn lane while the southbound lane was closed. The northbound lane remained open for northbound traffic. After the plaintiff walked through the southbound and middle lanes, and just before she emerged on the other eastern side of the street, she was struck by a pickup truck that was traveling south in the northbound lane in the construction zone. 

The collision, which caused the plaintiff to violently strike her head on the roadway, was captured on nearby security videos. According to Chilson, due to the accident, the plaintiff sustained many permanent injuries, including a traumatic brain bleed that has rendered her entirely dependent on her daughter and confined to an assisted living facility.

Brian Royster


Rather than filing suit against the pickup truck driver, the plaintiff alleged that the construction company was at fault for the accident due to failure to properly manage traffic. The plaintiff’s counsel argued that the construction zone was confusing for both pedestrians and traffic, nor was it designed or controlled in accordance with applicable transportation regulations. 

Ben Royster

The defendant alleged contributory negligence by the plaintiff and asserted a third-party claim against the pickup truck driver. The case was mediated unsuccessfully before the case was filed, but the parties settled shortly before trial for a total of $3.03 million.  

Is this a verdict or settlement? Settlement  

Type of Case: Automobile Accident in a Construction Zone  

Amount: $3.03 million  

  • $3,000,000 – Construction Company  
  • $30,000 – Pickup Truck Driver  

Injuries alleged: Brain injury 

Case name: Withheld 

Court: Withheld 

Date of verdict or settlement: July 2022  

Attorney for plaintiff: John Chilson and Zac Harris, of Comerford, Chilson & Moser, LLP, and Ben and Brian Royster, of Royster and Royster, PLLC 

Attorneys for defendants: Withheld 

Was the defendant represented by counsel? Yes 

Were liability and damages contested? Yes  

Was the judgement successfully collected? Yes 


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