$300,000: Pedestrian Hit and Seriously Injured While Crossing Street

June 10, 2010

CASE DESCRIPTION: Plaintiff, DH filed a personal injury suit against Defendant NR.  Ms. DH made sure there were no vehicles in sight before crossing an unmarked crosswalk in the city of Irvine.  When the plaintiff was approximately halfway across the intersection, the Defendant accelerated her vehicle into the intersection and struck Ms. DH .  The plaintiff filed a suit for the damages and injury she incurred from the accident.

On May 26, 2007 around 3:05 p.m. Plaintiff, DH was walking to her home in Irvine.   She reached a four way stop at the northwest corner of WYL on MR, cautiously looked for vehicles, and then proceeded to cross the street in the unmarked crosswalk when she saw no vehicles approaching.  DH began walking southbound on MR across WYL.  The plaintiff was approximately half way across the intersection when suddenly and without warning, was struck by Defendant NR, who was traveling westbound on WYL.  The Defendant had accelerated her vehicle into the intersection as the Plaintiff and pedestrian DH was attempting to cross the street. Ambulance arrived and transported DH to Western Medical Center where she was taken and treated in the trauma center.  As a result of the accident, the Plaintiff suffered multiple injuries including a head injury and pelvic fractures.

Ms. NR was found to be the cause of this collision in violation of CVC 21950(a), failure to yield to a pedestrian within a crosswalk at an intersection. In addition, Ms. NR was also in violation of CVC 16028(c), no proof of insurance at a collision scene.

Defendant contended that Plaintiff was comparatively negligent and disputed the nature and extent of Plaintiff’s injuries.

RESULT: $300,000

TYPE OF CASE: Personal Injury; Automobile v. Pedestrian

INJURIES: Ms. DH suffered a variety of injuries, including, but not limited to, Multiple Pelvic Fractures, Left Sacral Fracture, Left Ischial Fracture, Head Injury, Impaired Endurance and Pain.   The accident has also caused an onset of peripheral neuropathy and Post Traumatic Stress Disorder.

DATE & LOCATION OF INCIDENT: May 26, 2007 at approximately 3:05 p.m.
Irvine, California

PLAINTIFF’S AGE: DH is 47 years old

OCCUPATION: Advertising and strategic marketing consultant

PLAINTIFF’S ATTORNEYS: Christopher R. Aitken
AITKEN*AITKEN*COHN
For Plaintiff DH

DEFENDANT’S ATTORNEYS:
Not applicable