A wrongful death case in Staunton, Virginia has settled for $200,000. The case facts involved a young man who was killed in an automobile accident. At the time of the car wreck, he was riding in the back of a pickup truck. The driver lost control of the truck and it flipped. The settlement amount of $200,000 will go to family members. The first question I had when reading the news report was why did the case settle for that amount. Oftentimes, the settlement amount depends on the amount of insurance available. The young driver of the truck almost certainly has no assets and so insurance is the only source of recovery. This case also involves the interesting question of contributory negligence. Does riding in the back of a pickup truck constitute contributory negligence? This question could have weighed heavily in the decision to settle. I don't think that riding in the back of a truck alone is evidence of contributory negligence. After all, people ride on the back seat of motorcycles and they do not have seat belts. So the more likely reason for the settlement amount is the limited insurance available.
Francis P. Hajek
Wilson & Hajek, LLC, a personal injury law firm
Experienced Injury and Accident Lawyers
Serving Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Staunton, Waynesboro
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