Insight

Victim of Serious Bicycle Accident Receives $2.3 Million Settlement

Victim of Serious Bicycle Accident Receives $2.3 Million Settlement

Benjamin H. Whitley

Benjamin H. Whitley

August 15, 2019 04:19 PM

Victim of Serious Bicycle Accident Receives $2.3 Million Settlement

Type of Action: Negligence
Injuries alleged: Traumatic brain injury
Name of case: Withheld by plaintiff
Court: Forsyth Superior Court
Verdict or settlement: Pre-trial settlement
Amount: $2.3 million
Date of verdict or settlement: 10/14/2011
Highest Offer: None
Most helpful experts: Benjamin B. Liipfert III, special needs trust administration lawyer (Winston-Salem)
Insurance Carrier: USAA
Attorneys for plaintiff: Benjamin H. Whitley and Robert E. Whitley (Raleigh)
Attorney for defendant: None appeared: An insurance adjuster negotiated with plaintiff’s attorneys
Were liability and/or damages contested? Yes

Description: Benjamin H. Whitley and Robert E. Whitley represented a 35-year-old man who suffered traumatic brain injuries in June 2011, when a bicycle he was riding collided with the side of a car. He was hospitalized for three months following the crash and continues to recover at a rehabilitation and nursing center.

The man had been speeding downhill on his bicycle when the car’s driver failed to brake for a stop sign and crossed in front of him. He also was not wearing a bicycle helmet during the crash.

The driver’s insurance company, USAA, initially hinted at a contributory negligence defense, but backed down after the Whitleys said they would sue the driver and her husband if their client’s claim was denied or reduced in any way.

The insurer agreed to settle the case for the coverage limits of the driver’s underlying liability and umbrella policies. An attorney did not appear for USAA or the driver, but an insurance claims adjuster negotiated the settlement with the plaintiff.

Forsyth County Superior Court Judge William Z. Wood approved the settlement in October 2011, about four months after the collision. The Whitleys had sought an expedited settlement approval so the money would be available through a special needs trust for the plaintiff’s medical care.

The special needs trust allowed the plaintiff to preserve his Medicaid benefits while using the settlement money for additional treatment that would not be covered by Medicaid. A person who has more than $2,000 in assets is disqualified from Medicaid, but not if the assets are in a special needs trust.

The settlement money in the trust allowed the plaintiff to have a special bed that moves his body to prevent bedsores and to be seen by additional health care professionals and experts, Benjamin Whitley said.

Trending Articles

Introducing the 2026 Best Lawyers Awards in Australia, Japan, New Zealand and Singapore


by Jennifer Verta

This year’s awards reflect the strength of the Best Lawyers network and its role in elevating legal talent worldwide.

2026 Best Lawyers Awards in Australia, Japan, New Zealand and Singapore

Revealing the 2026 Best Lawyers Awards in Germany, France, Switzerland and Austria


by Jamilla Tabbara

These honors underscore the reach of the Best Lawyers network and its focus on top legal talent.

map of Germany, France, Switzerland and Austria

Effective Communication: A Conversation with Jefferson Fisher


by Jamilla Tabbara

The power of effective communication beyond the law.

 Image of Jefferson Fisher and Phillip Greer engaged in a conversation about effective communication

The 2025 Legal Outlook Survey Results Are In


by Jennifer Verta

Discover what Best Lawyers honorees see ahead for the legal industry.

Person standing at a crossroads with multiple intersecting paths and a signpost.

The Best Lawyers Network: Global Recognition with Long-term Value


by Jamilla Tabbara

Learn how Best Lawyers' peer-review process helps recognized lawyers attract more clients and referral opportunities.

Lawyers networking

Jefferson Fisher: The Secrets to Influential Legal Marketing


by Jennifer Verta

How lawyers can apply Jefferson Fisher’s communication and marketing strategies to build trust, attract clients and grow their practice.

Portrait of Jefferson Fisher a legal marketing expert

A Guide to Workers' Compensation Law for 2025 and Beyond


by Bryan Driscoll

A woman with a laptop screen reflected in her glasses

Is Your Law Firm’s Website Driving Clients Away?


by Jamilla Tabbara

Identify key website issues that may be affecting client engagement and retention.

Phone displaying 'This site cannot be reached' message

Medical Malpractice Reform Trends in Texas, Utah, Georgia and SC


by Bryan Driscoll

A fresh wave of medical malpractice reform is reshaping the law.

Medical Malpractice Reform Trends hed

Why Jack Dorsey and Elon Musk Want to 'Delete All IP Law'


by Bryan Driscoll

This Isn’t Just a Debate Over How to Pay Creators. It’s a Direct Challenge to Legal Infrastructure.

Elon Musk and Jack Dorsey standing together Infront of the X logo

Best Lawyers Launches CMO Advisory Board


by Jamilla Tabbara

Strategic counsel from legal marketing’s most experienced voices.

Group photo of Best Lawyers CMO Advisory Board members

As Fla. Pushes to Repeal Controversial 'Free Kill' Law, DeSantis Signals Veto


by Bryan Driscoll

The fight to transform state accountability standards may be in trouble

free kill law hed

Changes in California Employment Law for 2025


by Laurie Villanueva

What employers need to know to ensure compliance in the coming year and beyond

A pair of hands holding a checklist featuring a generic profile picture and the state of California

Key Issues to Tackle on Law Firm Landing Pages


by Jamilla Tabbara

Identify key issues on law firm landing pages to improve client engagement and conversion.

Laptop showing law firm landing page analytics

New Employment Law Recognizes Extraordinary Stress Is Everyday Reality for NY Lawyers


by Bryan Driscoll

A stressed woman has her head resting on her hands above a laptop

Best Lawyers Introduces Smithy AI


by Jamilla Tabbara

Transforming legal content creation for attorneys and firms.

Start using Smithy AI, a content tool by Best Lawyers