Do not think you are safe simply because you follow the rules? When crossing a street you use a marked crosswalk. If only one could guarantee that drivers follow the rules and give the right of way to pedestrians in a crosswalk. It is not unusual for lawyers who handle motor vehicle accident cases to see pedestrians hit by drivers while in a marked crosswalk. As is often the case with accidents involving pedestrians the injuries can be serious and have debilitating long-term effects.
Consider the following cases:
Case 1:
In this case a bus struck a pedestrian who was crossing the street in a crosswalk. The victim, a 50 year old woman, was on her way to purchase gifts for her grandchildren. She was pushing a shopping cart on her way to the store. The bus hit her then ran her over. The driver did not even realize she had hit a shopping cart and had run over someone until passengers in the bus began shouting for her to stop the bus. The victim suffered multiple fractures including rib fractures, pelvic fractures, and a spinal fracture. She will require hip replacement surgery for her hit fracture injury. The law firm that handled this matter reported that they reached a settlement in the amount of $1.25 million on behalf of the victim.
Case 2:
While speeding in an area of a large metropolitan city with a large number of pedestrians a driver of a rental car ran a red light, slamming into a van. The impact caused the van to lurch into a crosswalk just as a 25 year old male pedestrian was crossing the street. The impact caused a thoracic level spinal cord dislocation which left the man completely paralyzed from the chest down. The law firm that handled this matter sued the driver and the car rental company on behalf of the victim. The case went to trial with the judge upholding $20.3 million of the larger jury verdict, including $10 million for future pain and suffering. The remainder covered the cost of medical care, past and future loss of earning capacity, and pain and suffering.
Case 3:
In this case a school bus made a left hand turn failing to yield the right
of way to a 54 year old female pedestrian who was walking across an intersection in the designated crosswalk. The bus ran over and pinned the pedestrian's foot. Bystanders had to get the driver's attention and have him back the bus up freeing the pedestrian's foot. The victim suffered multiple serious injuries to her foot and leg. She required multiple surgeries in an attempt to save her leg. In the end, however, she had to undergo a below the knee amputation. Since the amputation she experienced continuous phantom pain. The law firm that handled the matter made reported that they took the case to trial where the jury awarded the woman $5.9 Million.
As the cases above illustrate many cases occur in areas with heavy pedestrian traffic. The vehicles can be cars, buses, even trucks. The victims can be young, middle aged or elderly. They can be male and they can be female. Two things are consistent.
First, a crosswalk does not guarantee safety. Drivers can still be distracted. In the first case above the driver did not even realize she had caused an accident and had run over a person. In the second case the driver was speeding and went right through a red light. And in the third case bystanders had to get the driver to back up so that as to release the pedestrian's foot pinned under the vehicle.
A vehicle can weigh well in excess of a ton and easily cause devastating damage to the human body of a pedestrian. The cases discussed here all involve one form of injury: fractures. But there are fractures and then there are fractures. Here we see examples of pedestrians suffering multiple fractures that require serious surgery, including hip replacement surgery and a below the knee amputation, and that in one case led to permanent below the chest paralysis.
All of these cases resulted in substantial recoveries for the victims. One of the cases was settled but two of the cases had to be taken to trial. Victims of pedestrian injuries of the type exemplified in these cases should seek out the assistance of a highly skilled and experienced motor vehicle accident lawyer.
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