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Auto/Pedestrian Accident

The plaintiff was walking in the grass next to the road adjacent to his home when a vehicle driven by the defendant drifted off the roadway and into the grassy area, hitting some branches and then striking the plaintiff.

The defendant left the scene claiming he was unaware that he struck anyone, but later he realized he had struck someone when he found ear implants on the hood of his vehicle. The defendant later admitted that he was “daydreaming” and not paying attention to the roadway when he struck the plaintiff. There were no eyewitnesses, but the plaintiff’s neighbors found him lying unconscious in the grass adjacent to the roadway next to his house. He was diagnosed with a traumatic subarachnoid hemorrhage and traumatic brain injury and spent 18 days in the hospital. After discharge, the plaintiff successfully had therapy for his balance issues and has made a good recovery. The plaintiff obtained the defendant’s full policy limits and full policy limits of the plaintiff’s UIM coverage.