Our client had entered the marked pedestrian crossing, with the signal, to cross Stockton Avenue at its intersection with Lenzen Avenue in San Jose. The driver of a 2010 Prius, attempting to complete a left turn from Lenzen into Stockton, struck the pedestrian when he was within the crosswalk some 10 to 15 feet from the curb.

The impact occurred to his left side with such force that he was thrown into the air, then struck his head on the pavement. Despite the driver of the Prius initially stating otherwise, two witnesses and other forensic evidence clearly established the pedestrian’s location at the point of the impact within the crosswalk. Additionally, later investigation and discovery elicited the admission from the driver that she was using her mobile phone when she was making the turn.

The San Jose Fire Department was the first emergency responder and had the injured party transported by ambulance to the Santa Clara Valley Medical Center emergency department. The initial evaluation was a scapular laceration, chest pain and tenderness to palpitation, and left knee and left hand pain.

Imaging studies were conducted which resulted in findings of left scapular body fracture, multiple spinal fractures at the C6, C7 and T8 levels, injuries to ligaments at the C5-6 and C6-7 levels, and a left tibial fracture.
Our client remained at the Santa Clara Valley Medical Center for nine days where he was seen in physical and occupational therapy to treat ongoing problems resulting from the major multiple trauma suffered in the accident. He continued to experience walking difficulties, dizziness, physical weakness, and acute neck and left knee pain, and numbness in both arms.

Due to the need for acute inpatient rehabilitation, he was transferred to Willow Glen Convalescent Hospital, San Jose, for several weeks of physical and occupational therapy.

Once discharged to home care, he continued to be followed in the orthopedic and ophthalmology departments at Stanford Hospital for post-accident symptoms.

The pedestrian retained GJEL Accident Attorneys to represent him in his effort to seek compensation for his medical expenses and for the damage to his quality of life.

Facts About The Crosswalk Accident Case

GJEL Attorney Jim Larsen conducted an extensive investigation to firmly establish the driver’s negligence and responsibility. She had claimed that our client was not in the crosswalk and that there had been no distraction to her attentiveness.

Both of these assertions were disproved by the evidence developed by attorney Jim Larsen. In order to evaluate the full extent of the injuries and their life-modifying impact on the plaintiff, the GJEL attorneys consulted with several medical specialists- a neuropsychologist, an orthopedic surgeon and an orthopedic spine surgeon, a physiatrist and a life-care planner.

After intense negotiations with the Prius driver’s insurance carrier, Ameriprise Insurance Company, and the driver’s attorney, and the medical lien holder, attorney Jim Larsen obtained a significant settlement in favor of the plaintiff that satisfied his medical service providers, but also, provided a significant sum to compensate for the changes to his life.

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Andy Gillin

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.