North Carolina Lawyers Weekly
A motorcyclist hit by a drunk driver has reached a $545,000 settlement.
A 72-year-old plaintiff was riding his motorcycle on the Blue Ridge Parkway, when he was struck by a drunk driver. According to the plaintiff’s counsel, Douglas Maynard, the plaintiff turned left on a green light, when the defendant, driving an SUV, ran a red light and slammed into left side of the plaintiff’s body and motorcycle.
Maynard
The defendant blood alcohol level was determined to be significantly over the legal limit, with a BAC of 0.33. According to Maynard, an hour prior to the accident with the plaintiff, the defendant had driven into the side of a hotel and fled the scene.
The plaintiff suffered significant injuries upon impact, including a comminuted intertrochanteric fracture to his left hip, trochanteric bursitis, and a femoral shaft fracture. He was transported to the hospital where he underwent internal fixation surgery on his hip the following day. The plaintiff was hospitalized for four days before moving to a rehabilitation facility, Maynard reported.
While in recovery, the plaintiff fell descending the staircase at his residence, which required additional hospitalization and rehabilitation. After the fall, his doctor found a new fracture on the mid-shaft of the femur with stable fixation from previous internal fixation, Maynard reported. The plaintiff’s doctor determined this additional fracture to be directly related to the accident.
According to Maynard, the plaintiff’s permanent injuries have had a significantly impact on his lifestyle, that previously included motorcycle riding and golf.
Kimmel
The plaintiff was awarded approximately $545,000 in January 2023.
Type of action: SUV v. Motorcycle Collision – Drunk Driver
Verdict or settlement: Settlement
Amount: $544,872.50 ($505,000 – bodily injury and $39,872.50 property damage)
Injuries: Left Hip Fracture (Comminuted Intertrochanteric fracture), subsequent trochanteric bursitis and the femoral shaft fracture. The hip fracture required surgery (Intramedullary nail fixation).
Permanent Partial Disability Ratings: 10% whole person / 25% left leg.
Name of case: Confidential
Venue: Buncombe County
Case #: Pre-suit
Date of settlement: January 2023
Insurance carriers: Nationwide – Liability ; GEICO – Primary UIM (Delaware policy – No Offset for Liability Coverage; USAA – Excess UIM (Delaware policy – No Offset for Liability Coverage
Attorney for plaintiff: C. Douglas Maynard Jr. of Law Offices of C. Douglas Maynard Jr., PLLC and Larry Kimmel of Kimmel Carter
Was the defendant represented by council: No
