OverviewMichael Eisenbaum of Gray•Duffy’s Encino office negotiated a $67,500 settlement for a bicycle rider who was struck at the rear wheel by an SUV when crossing an intersection on the wrong side of the street.
DiscussionThe firm’s client was riding a bicycle across an intersection on the wrong side of the street when she was struck by an SUV that was previously stopped at the stop sign adjacent to the crosswalk. The SUV clipped the rear wheel of the bicycle causing the rider, who was not wearing a helmet, to fall into the street. The bicyclist spent one night in the hospital and suffered from multiple scrapes and bruises and a chipped tooth. Her medical expenses were approximately $24,000. The police investigated the accident and determined that the primary cause was the bicycle rider’s failure to stop at the stop sign for the intersection. A secondary cause was inattentiveness of the driver of the SUV. Thus, this case presented a situation of comparative fault, where the parties argued over who would have the greater percentage of liability. Prior to filing a lawsuit, mediation was conducted and the case then settled a few days after the insurance carrier for the SUV driver agreed to accept the settlement proposal of $67,500.
Please Note: This article is necessarily general in nature and is not a substitute for legal advice with respect to any particular case. Readers should consult with an attorney before taking any action affecting their interests.