Handling serious pedestrian accident cases is never routine. These cases often involve complex medical issues, insurance issues, and liability issues. Given the substantial sums that are involved in these cases it is not surprising that defendants often deny liability or try to minimize the nature and extent of the injuries suffered by the victim.
Attorneys who are experienced at handling these types of cases understand how to position the case for settlement if possible and for trial if necessary. When liability is denied by a defendant this sometimes requires the use of experts such as accident reconstruction specialists who can recreate the scene based on such physical evidence as skid marks, type of road, weather conditions, etc. Sometimes, however, all that is necessary is a thorough investigation and some good lawyering.
Consider a reported case in which the driver of a city bus was taking a left hand turn when he struck a young female pedestrian. The bus not only hit the pedestrian, it knocked her down and then ran over her. The victim was in a marked crosswalk when she was struck by the bus. The city actually took the position that it was not liable (as employer of the bus
driver and owner of the bus) because the accident was the fault of the victim, not of the bus driver. The city claimed that the victim was not anywhere near the crosswalk at the time of the accident.
The pedestrian victim, a woman in her early 20's, suffered several debilitating injuries including multiple fractures to her leg and to her pelvis. She was forced to lose time away from work due to her injuries and put her career on hold while she underwent treatment. Even after completion of her treatment, the woman was left with permanent difficulty walking.
The law firm that handled the case on behalf of the pedestrian conducted an investigation and was able to locate witnesses to the accident. The witnesses all said the same thing - the pedestrian victim was in the crosswalk when she was hit by the bus. The bus driver then admitted during his deposition that he had not seen the pedestrian victim prior to the accident. By putting together multiple pieces of testamentary evidence all indicating that the bus driver was at fault for the accident, the law firm was able to persuade the city to settle the case for $4 million.
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