Pedestrian Accidents

Pedestrian v. Auto: $250,000.00

03.27.13

Plaintiff, a 44 year old sushi maker, was a pedestrian at an intersection, when the defendant driver made a right turn and hit the plaintiff. The plaintiff contended that she had a walk signal, and the defendant made an unsafe right turn on a red light. The defendant contended that the plaintiff was not in the crosswalk , and that the defendant had no opportunity to avoid hitting her. The plaintiff suffered a brain injury, requiring bilateral craniotomies and a partial lobectomy.

The results of every case is dependent upon the specific facts of the case and the results will differ if based on different facts.

Dangerous Roadway- Pedestrian v. Auto: $515,000.00

03.27.13

Plaintiff, a 16 year old female student was walking to her grandmother’s home after school, when she was struck by a station wagon driven by an unlicensed driver.  Plaintiff suffered a tibia & fibula fracture, orbit fracture, pelvis fracture, and closed head injury that caused depression and diminished cognitive ability. Plaintiff sued Defendant City for a dangerous condition of public property pursuant to Government Code Sec 835 and the Driver for negligence. Plaintiff contended that the City created a dangerous condition on the road by fencing off a pre-existing dirt path previously used by pedestrians to gain protected access to a bridge. Plaintiff contended that the fencing forced pedestrians to walk on the roadway surface in order to  gain access to the bridge.  Plaintiff also contended that Defendant City failed to warn pedestrians that they would be forced to walk close to the roadway edge. Defendant City denied any dangerous condition existed, pointing to the lack of other accidents on the road. Defendant City contended that proximate cause of Plaintiff’s injuries was the defendant driver, who was engaged in an argument with the occupants of the vehicle next to him when his vehicle struck plaintiff. Defendant City also contended that plaintiff should have walked on the other side of the street where there was a pedestrian sidewalk. Defendant City further contended that at the area of impact the roadway was the width of a standard roadway and sidewalk combined. Defendant City provided expert testimony that if a sidewalk had been in place the Defendant Driver’s vehicle would still have jumped the sidewalk and plaintiff would still have been struck. Plaintiff recovered $500,000.00 from City of Long Beach; $15,000.00 (Policy Limits) from Defendant Driver.

The results of every case is dependent upon the specific facts of the case and the results will differ if based on different facts.

Dangerous Road Condition- Wrongful Death of Pedestrian: $850,000.00

01.21.13

Plaintiff, an 11 year old, was killed while walking across the street at night. Plaintiff argued that the City failed to maintain lighting and failed to provide adequate crossing area for pedestrians. Defendant City argued that the Defendant driver was not paying attention and failed to observe decedent crossing. Settlement with defendant driver for additional policy limits.

The results of every case is dependent upon the specific facts of the case and the results will differ if based on different facts.

Work Site Injury- Pedestrian v. Truck: $2,200,000.00

01.21.13

Plaintiff was working as a security guard at a trucking yard when a yard truck (yard goat) owned by trucking company struck her in trailer yard. Plaintiff alleged that reconstruction evidence demonstrated that the yard truck driver was speeding and inattentive.  Plaintiff also alleged that truck yard layout contributed to the likelihood of injury. Plaintiff successfully defeated the defense that plaintiff was a “special employee” and therefore were able to get Plaintiff compensation separate from worker’s compensation.

The results of every case is dependent upon the specific facts of the case and the results will differ if based on different facts.

Pedestrian v. Auto: $1,675,000.00 (Jury Verdict)

01.21.13

Plaintiff, a 30 year old unemployed Latina housewife, was walking with her 3 children in rural area of Riverside County when she was struck by car and killed. Defendant Driver contended that Plaintiff was a pedestrian in the roadway. Plaintiffs were able to prove that Plaintiffs had not wandered into the roadway and prevailed on the claim of the lifetime value of household services.

The results of every case is dependent upon the specific facts of the case and the results will differ if based on different facts.

Pedestrian v. Auto: $7,284,000.00* ($1,400,000.00 Cash Plus Expected Structured Payments of $5,884,406.00)

01.21.13

Plaintiff was crossing a major intersection in the early morning hours when he was struck by a vehicle, resulting in brain injury. Defendant contended that plaintiff had elevated blood alcohol level, drug levels, and was darting across roadway in dark clothing. Plaintiff successfully demonstrated that defendant had adequate opportunity to see plaintiff and avoid the collision.

The results of every case is dependent upon the specific facts of the case and the results will differ if based on different facts.