Were you injured in an accident involving a Caltrans vehicle? This article details how GJEL Accident Attorneys successfully represented a seriously injured motorist, securing a $250,000 settlement against Caltrans.
Discover how their thorough investigation overcame Caltrans’ initial denial of responsibility and ensured the client received compensation for his traumatic brain injury and other damages. If you’re facing a similar situation, this case highlights the importance of experienced legal representation.
About the Caltrans Accident
Our 63-year-old client, a self-employed plumber and part-time musician, suffered serious injuries and incurred thousands of dollars of medical bills and lost wages due to the negligence of a Caltrans highway worker who had received improper supervision and training.
On September 20, 2016, our client was westbound at 11 a.m. on I-580 north of the city of Castro Valley in an unincorporated area of Alameda County. He was traveling at or near the speed limit in the no. 1 (fast) lane when a car traveling ahead of him in his lane moved quickly into the adjacent lane without signaling.
At that moment, our client saw for the first time the Caltrans truck ahead of him in his lane. Closing on the state vehicle, he realized it was stopped before him. Our client took immediate evasive action, swerving to the left, but he could not avoid colliding with the left rear-end of the Caltrans truck. Our client’s truck eventually slid to a stop on its left side 130 feet from the point of impact.
It was ultimately determined that the driver of the Caltrans truck had not activated any of the onboard equipment (e.g., flashing, rotating, strobe lights, or arrow boards) to warn motorists of the hazard, in violation of California Department of Transportation policies, procedures, and manuals. Neither had the driver’s supervisor instructed the maintenance crew to implement the appropriate work-site procedures.
Our client was taken by ambulance to Eden Hospital Medical Center, Castro Valley, for treatment in the emergency trauma unit. He sustained a traumatic brain injury, a nondisplaced left ulnar fracture, embedded glass shards, and exposed arm bone.
GJEL Accident Attorneys Andy Gillin and Jim Larsen responded to inquiries from the plaintiff and his wife concerning:
- Could the State of California be responsible for the injuries to the plaintiff?
- Would our client and his wife be able to recover all of the damages that resulted from the accident?
Case Details
Caltrans attorneys initially assumed that our client was inattentive and struck the state vehicle while it was moving and had its warning lights operating. However, an extensive investigation conducted by GJEL attorneys discovered the identity of two independent eyewitnesses. Each witness confirmed the plaintiff’s account that the Caltrans truck was stopped
in the travel lane without the onboard cautioning equipment in operation. Additionally, the GJEL attorneys worked with expert consultants to eventually confirm that department policies and procedures had not been followed, overcoming the testimony of the Caltrans supervisor.
Plaintiff underwent surgical procedures to repair the ulnar fracture and to remove the embedded
glass shrapnel. Due to his brain injury, he also suffered from memory loss and significant self-employed business losses.
Following multiple depositions and additional analysis of experts, the completion of the investigation and analysis by experts, lead attorneys Andy Gillin and Jim Larsen obtained a settlement before trial in the amount of $250,000.00.
Case Facts:
| Insurance Company Names: | State of California |
| Location of Accident: GPS Coordinates & Map (Casey provides) | I580 north of Castro Valley, unincorporated Alameda County |
| Police Report | CHP |
| Vehicle Types | Traumatic brain injury,left arm fracture, embedded glass shrapnel |
| Accident Locations: | |
| Hospitals and Medical Centers Visited | Eden Hospital Medical Center |
| Types of Injuries (Specific as possible) | Traumatic brain injury, left arm fracture, embedded glass shrapnel |
This case underscores the critical importance of holding government entities accountable for their negligence, especially when it seriously injures innocent individuals. The client in this Caltrans accident suffered life-altering consequences due to a Caltrans employee’s failure to adhere to established safety protocols.
GJEL Accident Attorneys’ relentless pursuit of the truth and their ability to gather compelling evidence and expert testimony successfully countered Caltrans’ initial attempts to deflect blame. This ultimately secured the client the compensation he deserved and serves as a powerful reminder that no one is above the law.
Navigating the complexities of claims against government agencies requires specialized knowledge and unwavering dedication. GJEL Accident Attorneys’ proven track record of successfully challenging government negligence demonstrates their commitment to protecting the rights of injured individuals. Securing a $250,000 settlement prior to trial highlights their proficiency in negotiating favorable outcomes, even in cases involving powerful entities.
This case is a testament to the firm’s unwavering dedication to achieving justice for its clients. If you or a loved one has been injured in an accident involving a government agency, seeking experienced legal representation is crucial to ensure your rights are protected and you receive the compensation you deserve.
Andy Gillin received his Bachelor’s Degree from the University of California at Berkeley and his law degree from the University of Chicago. He is the managing partner of GJEL Accident Attorneys and has written and lectured in the field of plaintiffs’ personal injury law for numerous organizations. Since 1972 he has been helping seriously injured victims throughout northern California fight & win their personal injury cases. Andy is one of the top awarded & recognized wrongful death lawyers in northern California.