At Munro Byrd, P.C., we are frequently trying cases in Virginia state and federal courts. Sometimes a case is particularly tough. But even if it’s not the biggest case in the world, we believe the pursuit of justice for our clients is the ultimate goal, and deserves our best efforts.
Recently we tried a case in Rockbridge County General District Court for a client that required some extra steps and strategic maneuvers. On August 26, 2022, our client was driving north on Interstate 81 in Rockbridge County. A tractor-trailer attempted to merge into her lane without keeping a proper lookout, and clipped the front of her vehicle with the rear of his trailer. The driver of the tractor-trailer either didn’t notice the impact or did not care, and kept driving. Our client’s vehicle spun across the Interstate and hit two guardrails before coming to a stop. The vehicle was a total loss, but miraculously, our client did not suffer any broken bones and required minimal medical treatment to recover. While our client’s injuries and treatment weren’t complicated, we employ our energy and capability to give everyone the best representation we can. Even when another firm might pass on a difficult case with lower damages, our clients always get our best efforts.
Proving the defendant’s identity and assigning liability for this car wreck turned out to be challenging. The tractor-trailer driver kept driving and fled the scene. Law enforcement officers had a difficult time tracking down the at-fault driver. A witness identified a specific trucking company but, when we reached out to contact the company, it denied the claim. In fact, the adjuster informed us that she had a video which proved her client didn’t cause the car wreck. As they typically do, the adjuster refused to produce the video so that we could review it ourselves. Before filing a lawsuit, there is no practical legal process to force an insurance company to produce this type of video.
So, despite the firm denial, the obvious challenges in a lower-damage case, and the time investment involved, we filed suit. Given our client’s limited damages, we would normally have filed this case in General District Court, because Circuit Court cases involve more substantial expenses and discovery. However, we needed to get the video, and discovery in Circuit Court was the only reliable way to get it, and therefore our best strategy for the client to obtain justice.
We later obtained the video, and it showed that another, third and unidentified negligent driver, most likely initiated the events leading to the truck’s reaction and collision. Fortunately, Virginia law allows for a lawsuit to be filed against an unknown “John Doe” when the driver of a vehicle is unknown. See Va. Code § 38.2-2206(E). In those situations, liability for the “John Doe” is covered by the injured driver’s own uninsured/underinsured (UM/UIM) portion of an auto policy.
We amended the complaint to include John Doe as a defendant, and served it on our client’s insurance carrier. Unsurprisingly, and in reliance on the witness who identified the trucking company, our client’s own insurance carrier refused to engage in settlement discussions.
Armed with the full evidence, and because of the costly nature of circuit court cases versus limited damages, we transferred the case back down to General District court and set the case for trial. We called the independent witness, the investigating officer, and our client as witnesses.
Both the trucking company and “John Doe” (who was not present, except as the stand-in insurance company) denied liability. Neither party wanted to pay any part of the judgment, so their trial strategy focused entirely on proving the other party was responsible for the car wreck. This resulted in a verdict in our client’s favor, with interest from the date of the car wreck. Our client’s insurance carrier paid the verdict, and because we were willing to investigate and try a difficult case, our client received the compensation to which she was entitled.
We cannot promise similar results in all cases, but if you have questions about a personal injury claim in Virginia, call us. We litigate such cases in Roanoke City and County, Montgomery County (Christiansburg, Blacksburg), Lynchburg, Abingdon, Martinsville, Rocky Mount, Wytheville, Bedford, Covington, Harrisonburg, Richmond, Charlottesville, Lexington, or Staunton. We practice in rural areas like Bath County, Campbell County, Giles County, Craig County, Smyth County, Alleghany County, Pulaski County, Franklin County, Campbell County, Carroll County, Patrick County, Floyd County, Stuart County, Pittsylvania County, Henry County, and Wythe County. We also litigate in Virginia federal courts, including those divisions in Roanoke, Abingdon, Danville, Harrisonburg, Charlottesville, Alexandria, and Richmond.