Pedestrians have the right of way in crosswalks, yet accidents involving pedestrians continue to occur, often with devastating consequences. In this case, we explore how one man secured a $2 million settlement after being struck by a negligent driver while crossing the street in a marked crosswalk. This story highlights the importance of driver awareness and the legal recourse available to pedestrians injured by reckless or distracted drivers.
The Incident: Pedestrian Hit by a Distracted Driver
The accident occurred in broad daylight, when a 55-year-old man was crossing a busy intersection in a clearly marked crosswalk. As the pedestrian was halfway across the street, a distracted driver, who was looking down at their phone, ran a red light and struck the man with their vehicle.
The impact was severe, and the man was thrown onto the hood of the car before hitting the pavement. He was immediately rushed to the hospital with life-threatening injuries, including:
- Multiple fractures in his legs, pelvis, and ribs.
- A traumatic brain injury (TBI), which led to long-term cognitive issues.
- Severe lacerations and internal bleeding, requiring emergency surgery.
- Permanent nerve damage, which impacted his ability to walk and left him with chronic pain.
The pedestrian’s injuries required extensive medical treatment, multiple surgeries, and months of rehabilitation. His road to recovery was long and difficult, with doctors uncertain about the extent to which he would regain mobility.
The Legal Case: Proving Driver Negligence
The victim’s family sought the help of a personal injury attorney to pursue compensation for the significant medical expenses, loss of income, and long-term care needs resulting from the accident. The attorney filed a personal injury lawsuit against the driver, arguing that the accident was caused by the driver’s negligent behavior.
Establishing Negligence: Distracted Driving
To succeed in a personal injury claim, the victim needed to prove that the driver’s negligence was the direct cause of the accident. In this case, the key argument was that the driver had been distracted by their phone and failed to stop at the red light. The attorney built a strong case by gathering the following evidence:
- Witness statements from bystanders and other drivers at the intersection, who confirmed that the driver was looking down at their phone at the time of the accident.
- Traffic camera footage from nearby intersections, which captured the driver running the red light and striking the pedestrian in the crosswalk.
- Cell phone records, which revealed that the driver had been texting just before the collision, confirming that they were distracted at the time of the accident.
- Medical records documenting the extent of the victim’s injuries and the long-term impact on his health and ability to work.
This compelling evidence made it clear that the accident was caused by the driver’s negligence and failure to yield to the pedestrian in the crosswalk.
Challenges in the Case
One of the challenges in this case was the driver’s defense, which claimed that the pedestrian had been crossing the street outside of the designated crosswalk area and was partially responsible for the accident. However, the legal team effectively countered this argument by presenting the traffic camera footage, which clearly showed the victim in the marked crosswalk at the time of the accident.
Additionally, the defense attempted to minimize the settlement by arguing that the pedestrian’s injuries were not as severe as claimed. The attorney successfully refuted this by presenting medical records and expert testimony detailing the life-changing impact of the injuries, including the victim’s limited mobility and the likelihood of needing ongoing medical care.
The Settlement: $2 Million for Medical Expenses, Lost Wages, and Pain and Suffering
Faced with overwhelming evidence, the driver’s insurance company agreed to settle the case for $2 million rather than proceed to trial. The settlement provided much-needed financial relief for the victim and his family, covering:
- Medical expenses: The settlement covered the cost of all medical treatments, surgeries, hospital stays, rehabilitation, and ongoing care related to the accident.
- Lost wages and loss of earning capacity: The pedestrian had been unable to work since the accident, and his injuries significantly reduced his ability to earn a living. The settlement accounted for both the wages he had lost and the impact on his future earning potential.
- Pain and suffering: The settlement also included compensation for the physical pain and emotional trauma the victim endured, including the long-term effects of the traumatic brain injury and the challenges of adjusting to life with a permanent disability.
Why This Case Matters: The Importance of Pedestrian Safety
This case highlights the dangers pedestrians face when drivers are distracted or reckless. Crosswalks are designed to protect pedestrians by giving them the right of way, but when drivers fail to pay attention, the consequences can be devastating.
The $2 million settlement in this case sends a strong message about the importance of driver responsibility and the need to remain focused on the road. Distracted driving, especially involving cell phones, is a growing problem, and this case underscores the life-altering impact it can have on innocent victims.
Lessons Learned: What to Do After a Pedestrian Accident
If you or a loved one has been injured in a pedestrian accident, there are several steps you can take to protect your legal rights and pursue compensation for your injuries:
- Seek Immediate Medical Attention: Even if your injuries seem minor at first, it’s important to get checked by a medical professional. Some injuries, such as head trauma or internal bleeding, may not show symptoms right away.
- Report the Accident: Contact the police and file an official report. This will create a record of the incident and help establish key details, such as the driver’s fault and the location of the accident.
- Gather Evidence: If possible, take photos of the accident scene, including the crosswalk, any traffic signs, and your injuries. Get contact information from witnesses who saw the accident.
- Consult with a Personal Injury Attorney: Pedestrian accident cases can be complex, especially when dealing with insurance companies. An experienced attorney can help you navigate the legal process and ensure you receive the compensation you deserve.
- Keep Records of Expenses: Document all medical bills, lost wages, and other costs related to the accident. This information will be crucial when calculating the damages you’re entitled to in a settlement or lawsuit.
Conclusion
In this case, a pedestrian struck in a crosswalk by a distracted driver secured a $2 million settlement to cover his medical expenses, lost wages, and pain and suffering. The settlement provided financial relief and helped the victim rebuild his life after a life-changing accident. This case serves as a reminder of the importance of pedestrian safety and the legal options available to victims of reckless or negligent driving.
If you’ve been injured in a pedestrian accident, consult with a personal injury attorney to explore your legal options and pursue the compensation you deserve.
Disclaimer: The content of this article is for informational purposes only and does not constitute legal advice. The information provided is based on general research and is not intended to be a substitute for professional legal advice or consultation with a qualified attorney. Always consult with a lawyer regarding your specific legal situation.
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