At Osterbind Law, PLLC, we secured a $500,000 wrongful death settlement for the family of a man who was fatally struck by a commercial truck at a gas station in Shenandoah County, Virginia. Despite no eyewitnesses and a strong defense disputing liability, we built a compelling case using circumstantial evidence and secured justice for the surviving wife and children.
If you’re searching for a Lynchburg wrongful death lawyer for a pedestrian accident, here’s how we fought to get answers—and compensation—for this grieving family.
The Incident: A Fatal Tractor-Trailer Collision in a Parking Lot
Our client’s husband, a 68-year-old truck driver, had just parked his rig at a gas station and was walking out of the convenience store after buying food. It was dark and rainy, but the lot was well lit. He was wearing jeans and a dark shirt.
As he walked across the parking lot, a commercial tractor-trailer made a right turn around the rear of the gas station. According to the Virginia State Trooper’s report, the driver struck our pedestrian client with the driver’s side stairs of the truck. The truck driver claimed he never saw the man—only that he “heard a thump” and stopped.
Tragically, the pedestrian died from his injuries at the scene.
No Eyewitnesses, Disputed Liability—and a Legal Presumption
Because there were no eyewitnesses, the defense denied liability. Virginia law places the burden of proof on the plaintiff to show how the crash occurred—whether by direct or circumstantial evidence.
In wrongful death cases like this one, Virginia law provides a powerful presumption:
When someone dies as a result of an accident, and there are no witnesses, the law presumes that the deceased was acting with reasonable care unless evidence proves otherwise.
This principle has been affirmed by the Virginia Supreme Court in cases like Hot Shot Express, Inc. v. Brooks, 264 Va. 126 (2002).
“[A] defendant who relies on contributory negligence as a defense has the burden of proving that it existed and that it was a proximate cause of the accident. As a corollary to this rule, it has also long been accepted universally that in a wrongful death action, in the absence of eyewitnesses testimony or other evidence to the contrary, it will be presumed that the deceased acted with ordinary care. This well-settled principle derives from the recognition that, death having silenced the decedent from testifying on his own behalf, the defendant should not benefit from being able to assert that the decedent was negligent in the absence of other evidence to support that assertion.”
Hot Shot Express, Inc. v. Brooks, 264 Va. 126, 136, 563 S.E.2d 764 (2002) (emphasis added) (citing Elliot v. Lewis, 207 Va. 361, 265, 150 S.E.2d 129, 131 (1966); Charlottesville Music Cen. v. McCray, 215 Va. 31, 37, 205 S.E.2d 674, 679 (1974); Hagan v. Hicks, 209 Va. 499, 505, 165 S.E.2d 421, 426 (1969); Looney v. Metropolitan Railroad Co., 200 U.S. 480, 488 (1906); and Richards v. Southern Pacific Transp., 666 F.2d 99, 109 (5th Cir. 1982) (Tate, J. dissenting)).
That presumption was critical in overcoming the defense’s claim that the pedestrian caused his own death by walking into the path of the truck.
The Mediation: A Strategic Resolution Without Trial
We agreed to submit the case to nonbinding mediation with retired Judge with The McCammon Group.
Despite early skepticism from the defense about liability and the value of the case, our team presented a compelling narrative supported by:
- The physical evidence at the scene
- The trajectory and location of the truck and victim
- Medical and accident reconstruction insight
- The legal presumption of reasonable care by the deceased
After a long day of negotiations, the parties reached a $500,000 settlement. This settlement brought resolution and some peace of mind to the decedent’s wife and children.
What Damages Are Recoverable in Virginia Wrongful Death Cases?
In Virginia, the surviving family members of a deceased victim may be entitled to a wide range of damages. Code § 8.01-52 includes:
- Sorrow, mental anguish, and solace, which can include the loss of society, companionship, comfort, guidance, and advice
- Loss of the decedent’s income and financial support
- Loss of the decedent’s services, care, and assistance
- Medical expenses incurred from the injury prior to death
- Funeral and burial expenses
- Punitive damages, in cases of willful or reckless conduct
In this case, the settlement helped the family recover not just economic losses. It also provided compensation for the profound emotional impact of losing a husband and father in such a tragic and preventable way.
Why You Need a Lynchburg Wrongful Death Lawyer for Pedestrian Accidents
Wrongful death cases—especially those involving pedestrian fatalities and commercial trucks—require a deep understanding of the law, accident reconstruction, and how to prove liability when no witnesses are available.
At Osterbind Law, we are committed to fighting for families who have lost loved ones due to preventable tragedies. We understand both the legal challenges and the emotional toll of wrongful death claims.
Contact a Wrongful Death Lawyer in Lynchburg Today
If someone you love has died in a truck or pedestrian accident in Virginia, contact Osterbind Law today. We offer compassionate counsel, free consultations, and we don’t charge a fee unless we win.
📞 Call (434) 515-2807
🌐 www.osterbindlaw.com
Disclaimer: Every wrongful death case is unique. The result described above reflects the specific facts and legal arguments involved. This result does not guarantee or predict similar outcomes in other cases handled by Osterbind Law, PLLC.
