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Our San Francisco, California pedestrian accident lawyers have experience in successfully resolving claims on behalf of pedestrians, bicyclists, and runners. All have the same right to use the road as cars and trucks, even though drivers do not always behave in a way that acknowledges this.
Whenever a person is legally using a city or county street while walking or riding a bike, and he is struck by a car, truck or other vehicle, he has the very same right to seek financial compensation as any motorist. According to the National Highway Traffic Safety Administration, 5,000 pedestrians die each year in motor vehicle accidents, and more than 78,000 pedestrians suffer injury when hit by a car or truck. Pedestrians are at a higher risk for injury and death than any other non-vehicle occupant group involved in automobile accidents. Almost 90% of non-occupant fatalities are pedestrians, not cyclists or skateboarders. Motor vehicle versus pedestrian accidents can cause extraordinary suffering and loss. Injured victims should be represented by counsel with experience in such cases. In crowded cities throughout Northern California, simply crossing a street can often be dangerous. As a pedestrian, you have no safety devices or protection of any kind in an accident. Serious injury is almost guaranteed in a collision with a car or truck.
Bicyclists, too, are vulnerable and unprotected in most instances when struck by cars and trucks. Many drivers do not understand, or believe, that cyclists have an equal right to be on the roadway. Inattentive drivers often ignore bicyclists and focus only on other cars and trucks. Motorists commonly make right turns directly in front of cyclists, or open their vehicle doors without looking. Others pull out from a driveway, a curb, a side street or an alley.
Bicycle accidents involve unique issues regarding visibility and accident reconstruction. They require attorneys who are skilled and experienced in handling such cases. For the cyclist, a bicycle accident is often a fearful and traumatic experience. An unprotected human body is no match for a 10,000 pound car or truck, or even for the hard pavement below. If you have been injured in a bicycle accident, you are entitled to the same compensation as a person in a vehicle: reimbursement for medical bills, repayment of lost wages, compensation for your pain and suffering, emotional distress, scarring, embarrassment and disfigurement.
Just like a car accident, it is critical that you find an attorney who knows how to handle your claim, who can conduct a prompt and reasonable investigation, who knows how to collect the important evidence, and who has credibility in dealing with automobile liability insurance companies. In Northern California, many citizens ride bicycles for transportation as well as for exercise and enjoyment. We have successfully represented bicyclists involved in accidents throughout Northern California. Our pedestrian accident lawyers have recovered compensation for brain trauma, fractures, and neurologic injury.
EXAMPLES OF OUR SUCCESS
Bicycle v. Automobile $17,000,000 Verdict
We represented a 53-year-old software engineer who was injured in an automobile versus bicycle collision in the Silicon Valley. A left-turning vehicle struck our client and propelled him onto the hood and roof of the vehicle. He sustained a fracture of the temporal bone with resulting subdural hemorrhage and brain stem compression. The vehicle driver claimed that her vision of the cyclist was obscured by the sun. Our attorneys produced visibility experts at trial. Prior to trial, the defense had offered only $150,000 in settlement.
Bicyclist Injured by Road Hazard -- $9,500,000 Settlement
Our attorneys achieved a settlement on behalf of 29-year-old amateur cyclist whose front tire became wedged within the broken grates of a storm drain cover. The claim was brought against Alameda County. Our client was traveling at roughly 10 miles an hour when he was propelled over the handlebars as his bike came to an abrupt stop. He landed on his head and fractured his neck. The action was brought against the City and County for violating provisions of the California Government Code requiring that public property be kept in a safe condition. Our attorneys were able to find other citizens who had complained about the problem in the past, thereby putting the City on notice. The settlement included both lump sum and future annuity payments to provide for the increase in cost of attendant care throughout our client's life.
Pedestrian Struck by Light Rail Vehicle -- $2,000,000 Settlement
We obtained a cash and annuity settlement in the amount of $2,000,000 on behalf of 16-year-old girl who was struck by a San Francisco Municipal Railway LRV near Stonestown, on 19 th Avenue, suffering amputation of her left lower leg below the knee. The child was crossing the street with the green light at the same time a southbound LRV "M-Line" train was passing through the intersection. Our lawyers demonstrated that the timing sequence of the various signal lights governing the direction of the train, and the pedestrian walkway, gave both parties the green light at the same time, creating a recipe for disaster. The City claimed that the child was partially at fault for failing to see and appreciate the oncoming train. The case was resolved after two sessions of mediation with a retired Justice of the First District Court of Appeal.
Dangerous Roadway- $1,000,000 Settlement
Our dangerous roadway lawyers concluded a case against a local city by obtaining a settlement of $1,000,000 on behalf of a 17-year-old girl who sustained a brain injury when she was struck in a crosswalk at the uncontrolled intersection of El Camino Real and Ludeman Lane in San Mateo County. Walkup attorneys sued the negligent driver who struck her, the State of California dba Caltrans as the owner of the roadway, and the City of Millbrae who had a duty to maintain the vegetation along the roadway. Evidence established that an overgrown street tree obscured a pedestrian warning sign intended to alert drivers (such as the driver-defendant) to the presence of pedestrians as they approached the subject intersection. The City and our lawyers, on behalf of the client, reached the $1,000,000 settlement while a motion for summary judgment was pending.
Pedestrian v. Taxicab -- $735,000 Settlement
Our team achieved a $735,000 recovery on behalf of a 42-year-old woman struck by a DeSoto taxi cab while she was crossing The Embarcadero in a marked crosswalk in downtown San Francisco. Our attorneys hired accident reconstruction engineers who were able to prove that the cab was exceeding 50 miles per hour when it struck our client. The cab driver originally claimed that a "phantom" car ahead of it actually struck our client first, thereafter knocking her into the cab. The cab driver also claimed that the injured plaintiff was crossing against a red light. Our attorneys proved otherwise.
Taxi Strikes Pedestrian -- $425,000 Settlement
Our taxi accident lawyers a claim in San Francisco Superior Court for a 29 year-old-man who lost a toe when he was run over by a car that was caused to go out of control by a negligent taxi operator. Our client was standing in the street at the corner of Duboce and Valencia when the defendant taxi traveling westbound on Duboce made a left turn into oncoming traffic. A motorist traveling eastbound on Valencia had to swerve to avoid the taxicab. It skidded out of control into the plaintiff and ran over his left foot. The first two toes of the left foot were crushed. Medical bills were $115,000. The cab driver denied that he was making a left turn at the time of the incident and argued that the plaintiff was comparatively negligent for standing in the street while waiting to cross. After a mediation and three settlement conferences, Walkup auto injury lawyers concluded the case the day before trial for $425,000.
Contact Walkup, Melodia, Kelly & Schoenberger for a FREE CONSULTATION with an experienced San Francisco, California pedestrian accident lawyer.
