Recently, a state appellate court issued an opinion in a personal injury case requiring the court to determine if a jury’s $3 million verdict in favor of the plaintiff was proper given the evidence presented at trial. After reviewing the evidence as well as the defendants’ specific claims, the court affirmed the judgment. The case is important to Virginia personal injury plaintiffs because it illustrates several issues that frequently arise in Virginia truck accident cases.
The Facts of the Case
According to the court’s opinion, the plaintiff was driving a van with four passengers inside. As the plaintiff approached a construction zone, he noticed that there was a large construction vehicle pulled off to the right side of the road. The plaintiff realized as he got closer that the vehicle was actually in his lane. Thus, the plaintiff crossed over the double-yellow line to overtake the vehicle. However, as the plaintiff was passing it, the vehicle made a sharp left turn, colliding with the plaintiff’s van. The plaintiff was seriously injured as a result of the accident and filed a personal injury lawsuit against the driver of the construction vehicle, as well as that driver’s employer.
After the accident, the plaintiff requested that the defendants preserve the construction vehicle, and the defendants agreed. However, when the plaintiff arrived to inspect the vehicle, parts of the vehicle had already been removed and were in the process of being repaired.