$135,000.00 Recovered for Bicyclist hit by Van in a Designated Bike Lane.
About the Case
Our client was commuting on his bicycle to his home in Albany, California, from the UC Berkeley campus where he was a graduate student. He was in the designated bike lane on Marin Avenue and was crossing its intersection with Key Route Boulevard. A Dodge Caravan was making a left turn from Marin into Key Route and moved across and directly blocked our client’s line of travel so that he had no opportunity to avoid colliding into the side of the van.
The bicyclist struck face first into the glass and metal frame of the automobile’s side window. The force of the impact shattered the glass; our client came to rest lying on the pavement in the middle of the street.
Case Facts
While being transported by ambulance to the Highland Hospital emergency department, our client’s vital signs indicated he had become hypotensive, prompting a Code III alert to the ER for trauma activation. Also, an electrocardiogram (ECG) indicated he might have had an acute myocardial infarction.
A CT scan revealed fractures of the left clavicle and the jaw bone (mandibular condyles, bilaterally), and dislocation of the shoulder (acromioclavicular) joint. Several teeth were fractured and he complained of pressure and pain in the right ear which was diagnosed as a punctured eardrum. Several facial lacerations required suturing.
A series of oral surgeries were necessary to repair the dental fractures. And several follow-up outpatient visits were needed to achieve an acceptable degree of function for the left shoulder.
After identifying areas of mild emotional and cognitive concerns, such as decreased short-term memory, impaired multitasking ability, and increased irritability, a neuropsychological analysis concluded that our client had sustained a mild traumatic brain injury from a concussion.
GJEL Accident Attorneys were retained by the injured bicyclist to pursue his claim for damages against the driver of the van. Initially, Progressive Insurance Co., the driver’s carrier, contested the issue of liability, in addition to a denial of the severity and the extent of the injuries. GJEL partner Jim Larsen developed, through investigation and discovery, a strong factual basis of driver liability resulting in a concession on the issue by Progressive.
To obtain the maximum recovery for our client’s medical damages, Attorney Jim Larsen consulted with experts in addition to the treating physicians; he, also, successfully negotiated a substantial reduction in the medical lien asserted by Blue Cross. These efforts resulted in our client obtaining a level of maximum benefits.
| Insurance Company Names: | Progressive Insurance Meridian/Blue Cross |
| Police Report | Albany Police Department |
| Vehicle Types | Bicycle 2013 Dodge Caravan |
| Accident Locations: | Marin Ave at Key Route Blvd., Albany CA |
| Hospitals and Medical Centers Visited | Highland Hospital, Oakland CA |
| Types of Injuries (Specific as possible) | Fractured clavicle, fractured jaw, fractured teeth, facial lacerations, dislocated shoulder |
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. Andy is a highly recognized wrongful death lawyer in California.