Please join Chaikin, Sherman, Cammarata & Siegel, P.C. in congratulating Partner Joseph Cammarata on recently securing a $4.5 million verdict on behalf of a client who was seriously injured in a pedestrian accident. The accident, which occurred in Alexandria, Virginia, involved a collision in which Partner Cammarata’s client was struck from behind by a left-turning Alexandria Transit Bus while crossing in a crosswalk near the King Street metro station.
Here are some additional details about the case and decision:
- As a result of being struck by the bus, Partner Cammarata’s client suffered catastrophic injuries, including a degloving injury that required multiple surgeries. She was also diagnosed with PTSD from the crash and, because her injuries created limitations on sitting, standing, and walking, she was deemed unemployable.
- During the case, the defense focused on the element of contributory negligence, a harsh rule in Virginia law that bars a person from recovering compensation in a personal injury claim if they are found to have contributed to the accident or injury in some way. In particular, the defense claimed that Partner Cammarata ‘s client did not look before she stepped into the crosswalk and was looking down as she continued to walk through the crosswalk.
- By using video of the incident and working with an accident reconstructionist, Partner Cammarata established that the bus driver doubled her speed prior to impact, that she was not looking at the roadway ahead, and that had the bus not increased its speed, the collision would not have taken place. To support claims of negligent retention, Partner Cammarata also presented evidence of the bus driver having been involved in four preventable accidents from the time she was hired in December 2012 to the time of the collision that injured his client in August of 2014.
Fortunately for our client, Partner Cammarata’s experience and skill translated into a jury ruling in favor of the victim on all claims and awarding her $4,500,000 in compensation. The verdict will be essential to providing her justice and compensation for her pain and suffering, as well as the means to attend to her large medical bills, her future care and her inability to be gainfully employed.