Practice Areas

Legal News

• Bike Helmets Save Lives...
  Posted on 4/27/2010

view all

Library

Pedestrian and Bicycle Accidents

• Fairfax personal injury lawyers Weiner, Rohrstaff & Spivey want to make sure children are safe, so they give away free helmets to children who need them.
• Winning a fall down case in Virginia is very hard, because the pedestrian must be 'perfect'
• Bicycle accidents, child safety, prevent injury
• Contributory negligence bars pedestrian claims
• Careless Drivers Can Hurt or Kill Children

Case Results

DISCLAIMER: Please note that every case is different and these verdicts and settlements, while accurate, do not represent what we may obtain for you in your case.

Ninety-six-year-old pedestrian who was crossing the street was struck and severely injured by a delivery truck making a left turn on a solid green light. Case settled for $600,000.

He could not remember anything about the incident.  Delivery truck driver said our client was walking against the “do not walk” sign.   The insurance company refused to make a reasonable offer until after depositions were taken. 

Mr. J was ninety-six years old and lived a very routine life.  That is, every day his routines were the same.  He ate the same thing for breakfast, lunch and dinner on certain days.  Likewise, after breakfast every day, he took a walk, regardless of weather, that did not deviate in any respect.  He truly was a creature of habit. 

On the day he was injured, Mr. J was taking his usual walk when he was hit by a delivery truck that was making a left turn on a solid green light.   The delivery truck driver said that he did not see the pedestrian, Mr. J, until he had hit him, and that Mr. J was crossing against the “Do Not Walk” sign.  The driver was the only person who gave any information to the investigating police officer about how the accident happened, so the police accident report was totally wrong.  

The driver said Mr. J had just stepped off the curb into the street.  However, Mr. J’s habit was to walk the same two routes.  He had a small loop (for rainy days) and a long loop.  On neither one of his routes does he cross that street in the direction that the driver claims he was walking.  We took the case because we believed Mr. J. 

Mr. J was not expected to survive his injuries.  His injuries included pelvic fracture (screws were placed), pulmonary embolism, respiratory failure, closed head wound, traumatic cerebral wound, and heart rate problems.  He was in the intensive care unit for over two months.  He had feeding tube while in the hospital and for a few months at home.  Once he was released home, he endured four months of at-home nursing care, physical therapy, occupational therapy, and speech therapy.  We were able to settle the case, in spite of the insurance company’s saying it would pay nothing, for $600,000.

Awarded: Settlement $600,000

Free Books

The Book With the Information You Need Before Speaking to the Insurance company

Edward L. Weiner

Seriously Outstanding

only 5% selected each year

visit superlawyers.com