Bicyclist injured in crosswalk accident receives $600K settlement
In reviewing settled cases, we came across the case of Gonzalez v. Bertacchi which was filed in Cook Co. Cir. Court in January of this year. In this case, Carmen Gonzalez, 49, suffered a broken leg which required surgery when she was hit by a car while crossing a crosswalk on her bicycle.
The accident happened when Michael Bertacchi, driving an SUV, was making a right hand turn on a red light.
Gonzalez's leg injury was quite serious and she was left with a limp and has lingering pain when going about her daily life. She filed a negligence lawsuit against Bertacchi seeking compensation for her medical costs -- which totaled around $61,600 -- and other damages.
The two parties settled before the lawsuit went to trial for $600,000.
In Washington state, vehicle code RCW 46.61.235 requires drivers to stop at crosswalks to allow bicyclists and pedestrians to cross. Unfortunately, we have seen far too many accidents in which a driver making a right hand turn on red.
Often times in a crosswalk accident, distraction on the driver's part is factor in the accident. Sometimes, the driver is using a cell phone or eating. When a driver is making right hand turn, they must provide a proper lookout but it is far too common that the driver looks to the left than at the crosswalk or corner.
When a pedestrian is hit by a car, damages are often catastrophic. Sometimes the pedestrian is killed or, as in this case, the victim never fully recovers to the good health they enjoyed before the accident.
If you or a loved one has been injured in a pedestrian or bicycle accident, you would be well advised to seek the counsel of an attorney who specializes in injury law. The Farber Law Group has been representing seriously injured people for more than 30 years. We work hard to obtain compensation for the victim including compensation for their medical bills, lost wages and for pain and suffering.
Pain and Suffering
Pain and suffering refers to both the physical and emotional stress an accident victim has suffered. It is common, when injuries are serious, to file a lawsuit which seeks compensation for actual money lost (i.e., medical bills, lost earnings both past and future) and also for non economic damages.
Accident victims can suffer different times of non-economic damages such as depression, scarring or, in this case, the victim was left with lingering pain and a limp.
Settlement amounts can vary when seeking non-economic damages. This is where a skilled attorney can help by working presenting your case, documenting and quantifying your injuries and taking on the insurance companies and those that are responsible for your injuries.
This information is provided by Seattle Car Accident Attorney blog, a service of The Farber Law Group. Call us today to schedule a free and confidential case evaluation.
We represent people with whiplash injuries, spinal cord injuries, traumatic brain injuries and fractures.
Citation: Gonzalez v. Bertacchi, No. 11 L 006335 (Ill., Cook Co. Cir. Jan. 10, 2013).
Plaintiff counsel: Regina Picone Etherton, Chicago.