Exposing Dangerous Conditions That Threaten Pedestrian Safety
We are pleased to announce securing $13.1 million settlement on behalf of our 31-year-old client who suffered catastrophic brain injuries and became a quadriplegic after she was hit by a van in a marked crosswalk. In 2018, the Transit Company settled for its $2 million insurance limits. The case proceeded against the other two defendants: Contra Costa County and the van driver. A week before trial, Contra Costa County settled for $10.9 million and the driver for $200,000.
The crash occurred on January 15, 2016. Our client had just gotten off the bus and walked to the uncontrolled, marked crosswalk. Our client entered the crosswalk and was about 12 feet into the crosswalk when she was struck by a van. The driver of the van had been speeding at 37 mph, 12 mph over the speed limit. However, both our client and the driver’s view of one another was obstructed by the Transit Company bus parked on the “near-side” of the crosswalk.
Near-side bus stops are dangerous because they create a visual obstruction when buses park for passengers. Although Contra Costa County officials had planned to remove the bus stop six years before the incident due to “pedestrian crossing safety,” traffic engineers testified that they had failed to remove it because of an oversight. In addition, County employees failed to maintain warning signs and markings that were meant to warn drivers of pedestrians crossing. A fact which the engineers testified that they did not know until their depositions.
Contra Costa County denied fault, arguing there were no prior accidents at the location thus the roadway design was safe. The County further argued the sole cause of the collision was the speed of the driver and our client’s inattentiveness. The County filed a motion for summary judgement which was denied by Judge Jill Fannin on the grounds that there were triable issues of fact on whether the roadway was a dangerous condition and whether the design immunity applied.
Because of the accident, our client sustained serious brain injuries which required multiple surgeries including a craniotomy. She is now a quadriplegic with substantial cognitive deficits and will require 24/7 care for the remainder of her life. With the settlement, our client now has the financial resources to receive the medical care she deserves and maximize her recovery.
Proven Legal Advocacy for Injury Victims
With over $500 million recovered for thousands of personal injury victims over the years, our attorneys at Rouda Feder Tietjen & McGuinn are committed to representing those who are most in need of help. When you’ve been injured because of negligence, we can advocate for your rights and fight to get fair compensation for your losses.
Read our press release here for more information on this most recent case.
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