Gary L. Graham suffered severe injuries after he crashed into the back of a police car driven by Officer Chris Kershaw, who is no longer employed by the city.

The city council, without discussion, approved the settlement Monday night. City officials typically present settlements to the council in closed-door session and, presuming the council agrees, bring them back for formal approval at an open meeting.

City Attorney Ted Gathe said he’s not certain why Kershaw is no longer a Vancouver police officer, but his departure had nothing to do with the accident.

The accident occurred at about 1:45 a.m. May 2, 2004, as both vehicles were westbound on Mill Plain Boulevard east of Andresen Road.

According to a city staff report, Kershaw crossed two lanes into Graham’s lane without activating his emergency lights or siren or using his turn signal as he responded to a call about suspicious noises.

Graham attempted to avoid the accident but crashed into the back of the police car at about 30 mph, the report says.

“His injuries were so severe that one of the WSP (Washington State Patrol) troopers at the scene reported that Graham was brain dead and was being taken to the hospital to donate organs,” the report says. “Graham was without oxygen for at least five minutes, possibly more.”

Graham suffered a head injury and brain damage from the impact, along with a broken left leg that required surgery and insertion of a titanium rod, a back injury and numerous abrasions, the staff report says. He later was diagnosed with a cognitive disorder associated with a traumatic brain injury, along with depression and anxiety, the report says.

His medical bills totaled $89,400, and he also submitted claims for $21,600 in lost wages and $9,100 for the loss of his motorcycle. Graham sought an additional $1.5 million in general damages.

The $300,000 settlement was reached during a June 10 mediation session. The city staff report says the settlement is well within the range of a potential jury award.

Vancouver is self-insured and responsible for the first $1 million in claims. It has an insurance policy to cover the next $20 million in potential liability.

Three witnesses told the Washington State Patrol that Kershaw caused the accident, and investigators concluded that the officer violated several traffic laws, the staff report says. There was no excessive speed, erratic driving or inattention on Graham’s part, the report says.

Although the motorcyclist had a blood alcohol level of 0.188 percent, more than twice Washington’s limit, there was no evidence that it was a factor in the accident, the report says.