Oakland Personal Injury Attorney Blog
Your injuries suffered as a pedestrian involved in a collision with a vehicle can be severe and sometimes life-altering. That was the case for one Southern California man whose Hollywood crosswalk collision resulted in a months-long coma and permanent brain damage. When that happens, it pays to have a skilled California injury attorney on your side to help you determine who is responsible and help you get the compensation from them that you deserve. For the Hollywood pedestrian, his case offered evidence of an intersection that wasn’t properly maintained and traffic laws that weren’t enforced. Ultimately, the injured man secured a settlement of $15 million, according to a Los Angeles Times report.
The pedestrian, John, was walking on the streets of Hollywood, just a few blocks from the “Walk of Fame.” At one point during his walk, he attempted to cross the street. He was inside the marked crosswalk and was hit by a westbound vehicle. The effects of the accident were severe for John. The collision put him in a coma for months and left him with permanent brain damage. As his lawyer told the Times, “He’s a young child in an adult’s body — and always will be.”
When you’re injured as a pedestrian in an accident with a vehicle, there may be many different options available to you for seeking the damages you need. You may have a case against the driver who hit you. If the owner of the vehicle was someone other than the driver, you may have a case against the owner. If the driver who hit you was on the job and “in the course and scope of his employment” when he hit you, the law may give you the opportunity to pursue a claim against the driver’s employer. These are just a few of the avenues that may be available to you in your case, depending on the specific facts.
Another option may be suing the governmental entity responsible for the maintenance of the road where your injury occurred, if you can prove that the area was unreasonably dangerous. That’s what John’s mother did in her case filed on his behalf. The mother’s lawsuit contended that the intersection had multiple problems of which the City of Los Angeles knew or reasonably should have known. Despite this, she claimed, the city failed to act and left the intersection in a hazardous state for pedestrians. Specifically, she advanced her case in two prongs. One asserted that the intersection was dangerous as maintained, with signs and markings designating the crosswalk that were either obscured or else placed in the wrong spots, according to the Times article.
The second prong asserted that the city was liable because of a lack of proper safety enforcement. The area had a long track record of accidents, but the city still failed to engage in proper enforcement of traffic laws. When you take on a case like this, the defense will likely try to paint you as the source of blame for your own injuries. In this case, the city originally argued that the pedestrian “understood the degree of risk involved.”
Ultimately, faced with the strength of the pedestrian’s proof, the city relented and settled the case. As a plaintiff, a settlement can be a very helpful means of resolving your case. Settlement can mean obtaining a fair recovery for your case and getting that payment more quickly, without the stress, time commitment, and uncertainty of a trial. In this case, the settlement resulted in a $15 million payout to the plaintiff.
When you’re injured in a pedestrian accident, don’t wait – contact an attorney right away. The skilled Oakland injury attorneys at the Law Offices of Stephen M. Fuerch have spent many years helping injured people pursue the results they need. To learn more about how our team can help you, contact us through our website or call our office at (925) 463-2575 to schedule your confidential initial consultation today.
More Blog Posts:
Southern California Mother and Child Allowed to Pursue City of Pasadena in Premises Liability Claim, Oakland Personal Injury Attorney Blog, June 16, 2017
Overly Broad Release Agreement Costs California Driver in Pedestrian Accident Case, Oakland Personal Injury Attorney Blog, Aug. 31, 2016