Bicycle Injury Ends with Victory!!!
Back in 2011, a woman was riding her bicycle on Broad Street in Philadelphia, when she suddenly became the victim of a terrible bicycle accident. The woman, then a student at Temple University, was struck by the door of a parked Honda Accord; then, she was struck from behind and run over by a van. Finally, as our experienced personal injury lawyers can report, this month, the woman received the justice she deserves.
The injured woman and her lawyer named three defendants in the lawsuit filed after the accident: the driver whose door hit her, the driver of the van that ran her over, and the company that owned the van that ran her over. In the end, a jury awarded the victim just over $2.4 million, which includes $880,000 for future medical expenses, $1.334 million for pain and suffering, and $200,000 for permanent disfigurement. To be sure, her injuries were severe; court documents reveal that she suffered multiple leg, pelvis and hip fractures, some of which caused permanent damage.
In determining fault in the auto accident, the jury ruled that the driver who flung her door open – and thus initiated the horrible accident – was 43 percent at fault, that the driver and owner of the van were, together, 36 percent at fault, and that the woman on the bicycle herself was 21 percent at fault.
During the trial, the driver of the van testified that the woman should have been driving her bicycle on the sidewalk and not on the street and because she was driving her bike in the street, she should own the responsibility for her injuries. As it turns out, according to Philadelphia Magazine, riding her bicycle on the sidewalk would have been illegal, thus rendering the van driver’s argument flat-out wrong.
Our experienced personal injury lawyers, with offices in Delray Beach, Boca Raton, Plantation, Wellington, and Cherry Hill, NJ, know that there are a few important takeaways from the conclusion of this personal injury trial.
Safely share the road with bicyclists. As this case clearly demonstrates, individuals operating motor vehicles need to be cautious with regard to others with whom they share the road, and this includes other motorists, pedestrians, and bicyclists. Being careful doesn’t simply mean not crashing into others; it includes making sure that the pathway is clear for you to open up your door – this is particularly relevant when you have parked on a busy street, in a city, etc.
Keep your eyes on the road. Given the specifics of the jury’s findings, the driver and owner of the van share 36% of the fault in this case. Thus, it’s conceivable to derive from this that the jury believed that the van could have avoided hitting the bicyclist. Perhaps this might have been possible if the driver of the van were fully alert to his surroundings; maybe he would have noticed the bicyclist fall down and would have had time to brake before hitting her bike and then running her over.
A lawyer can help you fight for your rights. Retaining the legal representation of an experienced personal injury attorney with bicycle accident cases who knows the ins and outs of this type of trial can maximize your chances of successfully seeking compensation for your damages.
If you’ve been injured due to the recklessness or negligence of another, reach out to our experienced personal injury lawyers. To schedule a free consultation, give us a call at 561-266-9191 or e-mail us at firstname.lastname@example.org.