A jury in Los Angeles handed a $6.29 jury award to a 70-year-old woman who sustained major injuries after being struck by a tour bus as she was crossing the street. The incident occurred the morning of Aug. 14, 2015 when the woman was crossing at the intersection of Boyle Avenue and Cesar E. Chavez Avenue. The woman entered the crosswalk when the “Do Not Walk” sign was flashing and was struck by the tour bus that was making a right turn. The rear bus tires ran over her lower legs as a result of which she sustained severe lower extremity injuries including multiple broken bones and scarring.
The bus driver testified during a deposition that he had a good view of the crosswalk. It was established during the trial that the bus driver did not take the necessary steps to make sure of “turning and looking” techniques, which would have enabled him to see the woman walking in the crosswalk. The woman suffered catastrophic consequences as a result of the accident. She underwent multiple surgeries and would likely require continuing care including in-home care and pain management.
During the trial, the defense attorneys argued that the incident was entirely the plaintiff’s fault because she violated the law by entering the crosswalk unlawfully. They also pointed to testimony of multiple witnesses who said the plaintiff fell in the crosswalk without being struck and raised doubts about the credibility of the plaintiff’s testimony. Despite these issues, the jury disagreed and found in favor of the plaintiff awarding $6.29 million in damages including compensation for past and future medical expenses and other damages.
Pedestrian accidents often lead to not just serious, life-changing injuries, but also fatalities. In many of these cases, plaintiffs prematurely lose hope of recovering compensation because a police report may have deemed the victim was at fault. What is important to remember is that the law, despite imposing the responsibility on pedestrians to walk in a crosswalk, also states that drivers have a duty of care to make every effort to look out for the safety of pedestrians. So, this case is a great example that shows you can seek compensation in a pedestrian accident even police have determined that you weren’t in a crosswalk or were at fault.
If your loved one has died as a result of injuries sustained in a Los Angeles pedestrian accident, you may be able to seek compensation by filing a wrongful death lawsuit against the driver or his or her employer. If the driver works for a trucking firm or a bus company, the operator can also be held liable for injuries and damages caused.
Wrongful death lawsuits are brought by immediate family members such as a spouse, child (minor or adult), partners, parents or siblings. Individuals who were financially dependent on the decedent may also bring wrongful death actions. Damages sought in wrongful death lawsuits may include medical expenses, funeral and burial costs, lost future income and loss of love, care and companionship. An experienced Los Angeles wrongful death attorney can help you seek and obtain maximum compensation for the significant losses you have sustained due to the loss of a loved one.
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