Motorcyclist Loses Foot in Left-Turn Crash, Wins $7 Million Settlement in Hampton

In an intersection near Hampton, Virginia, a 40-year-old man was riding his motorcycle with the right of way when the driver in the oncoming lane turned left directly across his path. The motorcyclist had no time to stop. The collision was severe enough that his left foot became lodged in the rear wheel spoke of his own motorcycle, causing a traumatic amputation at the scene.

The defendant was traveling between job sites at the time, placing the crash within the scope of his employment. Eyewitnesses confirmed the motorcyclist was operating within the speed limit and had no opportunity to avoid the turning vehicle.

Surgeons completed a below-the-knee amputation using the ERTL technique, a procedure designed to create a more functional residual limb for prosthetic fitting. The crash also fractured the plaintiff's left femur, requiring internal fixation. He sustained rib fractures as well, and later developed post-traumatic osteoarthritis in his right ankle. Nine days of hospitalization were followed by an extended rehabilitation period.

Attorneys Griffin O'Hanlon and John Baker of Cooper Hurley Injury Lawyers prepared the case for trial in Hampton Circuit Court. The legal team commissioned a life care plan documenting the plaintiff's long-term prosthetic needs, including an osseointegrated implant system. They also retained medical illustrators and conducted focus groups to test how jurors would receive the evidence. Past medical bills totaled $313,802.77; projected future medical expenses came to $1,557,562.13.

An initial mediation before retired Judge Thomas S. Shadrick did not produce a resolution. The parties returned to negotiation as the trial date approached, and a $7 million settlement was finalized one month before the case was scheduled to go before a jury. Virginia Lawyers Weekly reported the result in November 2023.