ClickCease Heirs of Pedestrian v. Auto Driver

Heirs of Pedestrian v. Auto Driver

In Heirs of Pedestrian v. Auto Driver (Nor. Cal. Sup. Ct.) Joseph Nicholson negotiated a $550,000 settlement for the adult children of an elderly woman who was struck and killed by a cargo van while crossing a street at night. Based on the driver’s version of events, the initial police investigation concluded that the decedent had been crossing outside of a marked crosswalk and therefore blamed the decedent for the collision. The coroner’s toxicology report also found that her blood alcohol level had been well over the legal limit. Joseph’s investigation of the physical evidence uncovered that the collision actually happened in a marked crosswalk and that the defendant driver was likely driving much faster than the posted speed limit. Though the defense denied all aspects of this theory, the case settled at private mediation.

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