Considerable Recoveries Achieved In Crosswalk Cases Where Person Was Significantly Harmed
- Author Joseph Hernandez
- Published December 31, 2010
- Word count 678
Crosswalks should offer a safe area for pedestrians. They are meant to provide pedestrians with a clear right of way. They should indicate to drivers a part of the road in which they have to exercise caution. Normally, they are clearly designated. They are generally governed by traffic signs or light signals. However they do not guarantee pedestrians a safe location to cross . It is not uncommon for lawyers handling cases resulting from motor vehicle accidents to be approached by pedestrians who were hit by a vehicle as they were crossing the street in a marked crosswalk. These claims frequently entail dreadful injuries that can leave the pedestrian with long-term disabilities or even kill the pedestrian. Think about the following cases.
Case 1: This reported matter involved the driver of a bus which struck a pedestrian. The pedestrian was in a crosswalk at the time of the accident. The driver did not halt subsequent to hitting the pedestrian. Because the bus continued it ran over the pedestrian. The pedestrian was a female, 50 years of age, a grandmother, who was on her way to buy presents for her grandchildren from a local store. The woman suffered several fractures. She had rib fractures. She had pelvic fractures. She had a spinal fracture. She will require hip replacement surgery. The law firm that helped the pedestrian indicated that they obtained a $1.25 million settlement.
Case 2: A driver was speeding in a heavily trafficked area of a large metropolitan city. There were many pedestrians in the area. The driver was operating a rental car. He went through a red light and slammed into a van. The force of the impact forced the van onto the crosswalk while a twenty five year old man was crossing the street at the crosswalk. As a result of the accident, the man suffered a thoracic level spinal cord dislocation resulting in total paralyzes from the chest down. The law firm that represented the pedestrian started a lawsuit against both the driver and the company that rented the car to the driver. The claim went to trial with a judge upholding $20.3 million of the larger amount awarded by the jury. This included $10 million for future pain and suffering. The remainder was for the expense of medical care, past and future loss of earning capacity, and pain and suffering.
Case 3: This case report concerned the driver of a school bus making a left hand turn at an intersection. While making the turn the bus ran over a pedestrian’s foot. The victim was a fifty four year old woman who was walking across an intersection in a designated crosswalk. The driver did not even realize what had taken place until bystanders got his attention and had him back the bus up to free the pedestrian’s foot. The pedestrian suffered various significant injuries to her foot and leg. She required several surgeries in order to try to save her leg. In the end, however, she lost her leg as she needed a below the knee amputation. After the amputation she had constant phantom pain. The law firm that handled the personal injury claim reported that the case went to trial and the jury gave the victim $5,900,000.
By comparing and contrasting these claim we find first that each is unique. Extrapolating from the lawsuit it is clear that a case can involve a car, a bus, a truck, or even a motorcycle. The plaintiffs, even when we consider incidents involving only pedestrians, can be male or female and can be any age.
The case, though, all appear to share two basic things. The injuries are usually considerable and leave the victims with irreversible problems. Crosswalks are no guarantee of safety for a pedestrian. Drivers can be distracted even in clearly marked crosswalks. And some drivers simply do not observe the rules such as the speeding driver who ran a red light in the second lawsuit. Each of the lawsuit concerned considerable injuries and with the assistance of an experienced attorney on their side each of these pedestrians got a substantial recovery.
Joseph Hernandez is an Attorney accepting catastrophic injury cases. To learn more about how a motor vehicle accident attorney can help you with a pedestrian accident, a truck accident and other matters including fatal car accident matters visit the websites
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