Woman in crosswalk struck by inattentive driver 1

Accident Overview

On October 13, 2013, at 9:37 pm, our client was walking in a marked crosswalk on Barrett Avenue at its intersection with 41st Street in Richmond, CA, Contra Costa County. The walk sign was green for her and she looked both ways before she started walking. She was struck by a 2004 Toyota Camry and knocked to the ground.  The accident resulted in the loss of work, serious injuries, and large medical bills leaving our client in a difficult position.

About the Accident

This was a vehicle versus pedestrian accident that resulted in serious injuries for our client due to the other driver’s negligence. The driver of the car that caused the accident was inattentive. There were no adverse road conditions that contributed to the accident. The accident took place in a well-lit crosswalk. 

After the accident, our client suffered from pain in her right knee, her right elbow, and the back of her head. She was taken by American Medical Response ambulance to Doctor’s Medical Center in Richmond, CA, where she underwent treatment for her injuries. The driver of the car that caused the accident was insured by State Farm Insurance Company.

Case Facts

Our client needed ongoing medical treatment subsequent to being discharged from the emergency room. She required physical therapy for a significant period of time.

Our client missed a significant amount of work and had large medical bills from this accident. Based on this information, she reached out to GJEL Accident Attorneys to see if she and her sons were entitled to compensation and to have her questions answered. She wanted to know:

  1. Who is responsible for my medical bills?
  2. How will I pay these bills and the loss of work?
  3. What if I have permanent lifelong damage to my body?

The staff at GJEL Accident Attorneys were able to quickly evaluate the case over the phone and offer to the client to represent her in her case. 

Based on the serious injuries from this accident and the mounting medical bills, our client decided to retain GJEL Accident Attorneys to help get life back on track after this tragic accident.

The staff at GJEL started a full investigation which started with getting the police report from the Richmond Police Department. The police report showed that the other driver was 100% at fault and responsible for the accident. GJEL Accident Attorneys also ordered our in-house investigator to obtain a direct statement from the party at fault. 

The Attorneys at GJEL Accident Attorneys filed a lawsuit on behalf of our client in Contra Costa County Superior Court. After taking depositions of both party and nonparty witnesses, and sending interrogatories to the defendant party, State Farm Insurance ultimately agreed to settle this case for $225,000.

Attorneys Andrew Gillin and Jim Larsen helped our client through this difficult time and ultimately were able to settle this case. The case took approximately nine months to settle.

Insurance Company Names:    State Farm
Police Report  Richmond Police Department
Vehicle Types  2004 Toyota Camry
Accident Locations:Barrett Avenue at the intersection with 41st Street in Richmond, CA
Hospitals and Medical Centers Visited AMR, Doctor’s Medical Center, Timberlake Respiratory Care & Medical Equipment
Types of Injuries (Specific as possible) Fractured right knee and lower leg requiring implant surgery.
Back and neck bruises.

Frequently asked questions about crosswalk injury lawsuits

What should I do if I get hit by a car in a crosswalk in California?

If you are hit by a car in a crosswalk, you should immediately call the police to generate an accident report and get medical attention for your injuries. You should also contact a personal injury attorney who can help you understand your rights and guide you through the process of filing a claim or lawsuit.

How do I build a case for compensation after a crosswalk accident?

To build a strong case for compensation, you should document your injuries and medical expenses as soon as possible. Take photos of your injuries and keep copies of your medical records and bills. Your attorney will use this evidence to establish the at-fault driver’s negligence and assign a monetary value to your lawsuit.

What is the statute of limitations for a crosswalk accident lawsuit in California?

In California, you typically have two years from the date of the accident to file a personal injury lawsuit. If you do not file within this time frame, you may lose your ability to seek financial recovery. However, it is best to consult with a personal injury attorney as soon as possible to understand your specific case and comply with the relevant statute of limitations.

Will I have to go to court for a crosswalk accident lawsuit settlement?

It is important to be prepared for the possibility that your case will go to court, even though you may be able to avoid this if you can recover the compensation you need through the insurance company. An insurance company is not obligated to compensate you beyond the policyholder’s limits, or you may have suffered damages that the insurance company is not obligated to cover. A personal injury attorney can help you understand the potential outcome of your case and provide you with legal representation in court if necessary.

What are the most common injuries in crosswalk injury lawsuits?

Crosswalk injuries can result in a variety of injuries, but the most common injuries in pedestrian injury lawsuits are:

  • Head injuries: Pedestrians can suffer severe head injuries, such as traumatic brain injury, when they are hit by a vehicle. Head injuries can be particularly serious because they can result in long-term cognitive and physical impairment, and even death.
  • Spinal cord injuries: Pedestrians can suffer spinal cord injuries, including paralysis, when they are hit by a vehicle. These injuries can be life-altering and require extensive medical treatment and rehabilitation.
  • Broken bones: Pedestrians can suffer broken bones, including fractures of the arms, legs, hips, and pelvis, when they are hit by a vehicle. These injuries can be painful and require extended periods of recovery time.
  • Soft tissue injuries: Soft tissue injuries, such as bruises, cuts, and sprains, are also common in pedestrian accidents. While these injuries may not be as serious as head or spinal cord injuries, they can still cause significant pain and suffering.
  • Emotional distress: Pedestrian accidents can be traumatic and cause emotional distress, such as anxiety, depression, and post-traumatic stress disorder. These emotional injuries can be just as debilitating as physical injuries and can also be compensable in a lawsuit.

It’s important to note that the severity of a pedestrian’s injuries will depend on the circumstances of the accident, such as the speed and force of the vehicle, the age and physical condition of the pedestrian, and the use of safety equipment like helmets or reflective clothing.

Author Photo

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.