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Motorcyclist on shoulder of highway killed by driver with cataracts after her eyes were dilated by doctor. Settled for insurance policy limits plus personal assets.

A motorcycle operator on the shoulder of a highway was killed when he was struck by a driver with cataracts who was returning home after her eyes were dilated by her eye doctor. The case settled for the driver's insurance policy limits plus personal assets.

Mr. D had stopped his motorcycle off the highway at a wide shoulder of I-395 in Springfield, Virginia, where he was well away from the travel portion of the road. There were no obstructions on the highway that would prevent a driver from seeing Mr. D.  Nevertheless, the defendant drove her car out of the travel lane and onto the shoulder and ran into Mr. D. Mr. D died after two weeks of intensive medical treatment.   

The driver of the car, who had cataracts, had just left her eye doctor’s office where her eyes had been dilated. 

Mr. D had a five-year-old daughter who depended on her father for support. His medical expenses exceeded $155,000. 

The driver had only $100,000 in liability insurance coverage on her car. The case settled for her policy limits plus $20,000 from her personal assets. Mr. D’s daughter was the wrongful death beneficiary of her father’s estate.

"wrongful death" occurs when a person is killed due to the negligence or misconduct of another individual, company or entity. An action for wrongful death belongs to the decedent's immediate family members ("beneficiaries").

Awarded: Settlement $100,000 insurance and $20,000 personal assets

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Weiner, Spivey & Miller, PLC
10605 Judicial Drive
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Fairfax, VA 22030
Phone: (703) 273-9500
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