Articles Posted in Pedestrian Accident

Recently, the family of a 62-year-old man killed in a San Mateo County crash recovered a judgment of $9.5 million against a driver and the state Department of Transportation (Caltrans). Rather than relying solely on the past history of injuries at the exact intersection where their relative died, they used proof of a similar death at a similar intersection to persuade the jury that Caltrans should have known about the dangerousness of the intersection. The success of this technique, affirmed by the Court of Appeal, demonstrates that there may be more than one way to achieve a successful outcome in your intersection accident case against a governmental entity. Be sure to retain an experienced San Mateo pedestrian accident attorney who can help you explore all your options.

A 62-year-old bicyclist, C.C., was crossing El Camino Real in Atherton on foot when a southbound passenger sedan struck him. C.C. was walking with his bike inside a crosswalk at the time of the accident. The driver never saw C.C. and never hit his brakes. In fact, he was going an estimated 42 mph when he slammed into C.C. and thought a tree branch had fallen on his car. The collision was violent enough that it threw C.C. more than 50 feet and his bicycle more than 70 feet. He was pronounced dead at the scene.

The bicyclist’s wife and daughters sued the driver and Caltrans. The crosswalk where C.C. died was unreasonably unsafe, the department should have known it, but did nothing address the dangerous condition, they argued. A jury agreed. After a two-week trial, the jury found the driver 10% at fault and Caltrans 90% responsible. The jury assessed the total damages to be $9.5 million.

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When you are injured as a pedestrian, you may recognize that you have an opportunity to seek compensation in court, but you may not know the best way to go about getting the full and fair recovery you deserve. You know to sue the driver who hit you, but the facts of your case could indicate that there are more people or entities who owe you compensation. That’s why, whenever you’re hurt in a pedestrian accident, it is well worth your while to retain the services of an experienced San Mateo injury attorney.

One tragic case where that issue (of multiple at-fault parties) was a factor was the fatal accident that claimed the life of K.P., a Cal State East Bay student. According to a Mercury News report, K.P. was out for a jog around noon, just five blocks from her home, when the accident took place. Two men who had been street racing crashed into one another. The crash sent one of the vehicles, a Nissan Altima, careening off the road. It bounced off some utility trucks and then slammed into the jogger, pinning her against a tree, according to the report. She died at the scene.

Certainly, the driver who struck and killed K.P. would be liable to her family for the harm that he was proven to have caused. However, in a circumstance like this, the extent of liability doesn’t stop there. The other driver (the one who did not directly hit the jogger) is also liable for his negligent or reckless conduct.

If you watch many TV courtroom shows, you’ll likely see at least one or more moments when the action reaches a peak of tension or drama. This often involves some groundbreaking reveal discovered while a witness is testifying in open court, which shifts the odds and allows the just outcome to be reached. Rarely, if ever, will you see your favorite courtroom show build to a dramatic crescendo around attorneys arguing over what jury instructions the judge will read to the jury. Yet, in the real world, it is details like these, and getting them right, that can make all the difference between success or defeat, whether you’re in criminal or civil court. To make sure you have the representation you need when it comes to “sweating the small stuff,” be sure you have an experienced San Mateo injury attorney on your side.

To see how important these things can be, look at what happened in the case of U.S.G., an injured pedestrian. In the city of Salinas, there is a shopping mall whose driveway meets a public road at a “T” intersection. A crosswalk runs along that driveway. The crosswalk was situated on public land, and was the city’s responsibility when it came to maintenance. The city originally painted the crosswalk’s white lines in 1997. Those lines were never touched up or repainted at any point after the original 1997 paint job.

These unfortunate facts came to matter a great deal for U.S.G., who was crossing the driveway inside the faded crosswalk one day in 2013 when a truck turned left off the public road and onto the driveway. The truck slammed into the pedestrian, seriously injuring her.

While many people think of low-speed crashes that cause only soft tissue injuries as “minor,” soft tissue damage can cause serious, long-lasting, and even life-altering problems. Even if an accident did not cause any immediate broken or dislocated bones, or lead to any major surgeries in the short term, it can still lead to years or a lifetime of pain and suffering. Regardless of the injuries you suffered, if you were hurt because someone crashed into you, make sure you protect yourself by reaching out to an experienced California car accident attorney about your case.

A recent jury verdict from Los Angeles County (Los Angeles Superior Court Case No. BC597023) is an example of how serious these injuries can be, and the fact that they can lead to significant jury awards. According to his lawsuit, Hernan was walking across the parking lot of a car rental agency at LAX Airport when Wesley began backing up in his SUV toward Hernan. In an attempt to protect himself, Hernan put his arms up. The SUV’s rear window allegedly collided with his arms, and his rear hit the bumper. His head also allegedly hit the window of the SUV. Wesley, in his defense, argued that he barely moved the SUV and that his vehicle and Hernan never came into contact at all.

Hernan’s accident was a clear example of a low-speed pedestrian accident. The defense argued that the SUV was barely moving at all. The injured man, in his lawsuit, asserted only soft tissue injuries. Soft tissue injuries involve harm to the muscles, tendons, or ligaments of the human body. Soft tissue injuries typically are sprains, strains, and contusions. They can cause pain, swelling, and also a loss of the use of a body part.