The Case of the Phantom Driver

Imagine you are out alone on your bicycle early on a beautiful Spring day, riding your regular exercise route along a narrow, country road.  There are few cars and you are enjoying the day and the ride. The next thing you know, you are waking up in terrible pain in the emergency room.  That’s what happened to our client, an office manager and avid runner and bicyclist in her mid-40s.   The identity of the striking driver was never established, even after an appeal on the local television news. 

Our client sustained severe fractures in her neck requiring a “halo” brace.  She sustained a closed head injury and suffered from the after effects of the concussion she sustained. These included difficulty concentrating, word finding difficulties and impaired executive functioning.  Her facial nerves were damaged, giving her face a drooping appearance. 

Using an expert in the field of bicycling, we were able to establish that our client was struck by the driver’s side mirror of the “phantom” automobile, as the height and location of the bruising to our client and damage to her bicycle exactly matched the height of the driver’s side mirror of many passenger cars.  With this information in hand, we made a claim for uninsured motorist benefits provided by our client’s automobile insurance policy and were successful in obtaining a substantial settlement for her.