Overview

A woman in her seventies suffered a brain injury and multiple orthopaedic injuries after being struck by a truck while crossing at a marked pedestrian crosswalk with the right of way. Following a failed mediation and pre-trial conference, her claim was resolved with a $1.35 million settlement.

Key Takeaways

  • Settlement: $1.35 million
  • Accident type: Pedestrian struck by a truck at a marked crosswalk
  • Primary injury: Brain injury
  • Additional injuries: Fractured pelvis, broken leg, fractured vertebra
  • Resolution method: Settlement after a failed mediation and pre-trial conference
  • Notable legal issues: Insurance companies disputed the extent of the client’s impairments
  • Medical treatment: Not specified
  • Long-term impact: Memory problems, vision problems, mood changes, reduced activity tolerance, and rarely leaving home

The Case

Our client, a retired woman in her seventies, was crossing the street with her husband at a marked pedestrian crosswalk when a truck making a left turn failed to see them. Although they had the right of way, both pedestrians were struck by the vehicle.

The collision caused our client to suffer a brain injury, a fractured pelvis, a broken leg, and a fractured vertebra. The effects of the brain injury significantly changed her daily life. Before the collision, she was a vibrant and outgoing retiree who enjoyed travelling. Afterwards, she rarely left her home and experienced significant problems with her memory, vision, mood, and activity tolerances.

The insurance companies attempted to minimize the extent of her impairments and suggested that little had changed since the collision. After the matter proceeded through an unsuccessful mediation and pre-trial conference, the parties ultimately reached a settlement of $1.35 million.

Why It Matters

This case illustrates how a pedestrian collision can result in both visible orthopaedic injuries and lasting cognitive impairments that significantly affect a person’s independence and quality of life.

It also demonstrates that disputes over the severity of an injured person’s impairments may continue throughout the legal process before a settlement is ultimately achieved.