On February 27, 2016, at 11:47 a.m., our client was walking southbound on the east sidewalk of Lakeshore Avenue in Oakland, California. While proceeding in her motorized wheelchair, she was struck by a vehicle.
Pedestrian accidents are unfortunate in urban areas, and their consequences can be devastating. In this case, we will explore the broader implications of such accidents, the legal framework surrounding them, and the importance of legal representation for victims.
Details of the Wheelchair Pedestrian Accident
Understanding the dynamics of pedestrian accidents is crucial. According to the National Highway Traffic Safety Administration (NHTSA), thousands of pedestrians are killed each year in the United States due to vehicular collisions. Factors contributing to these incidents include distracted driving, speeding, and poor visibility conditions. In our client’s case, the SUV’s reckless driving illustrates one of these critical factors.
The legal process following a pedestrian accident can be complex. Victims must navigate insurance claims, medical bills, and the recovery process while dealing with the emotional trauma of the event. Legal advocates are essential in ensuring that victims receive fair compensation for their injuries and losses.
Our client’s injuries were not only physical but also emotional. The psychological toll of being involved in such an accident often goes unaddressed. Many victims experience anxiety, depression, and post-traumatic stress disorder (PTSD) following their accidents. Legal representatives must consider these aspects when advocating for their clients.
Moreover, the financial implications of pedestrian accidents can be staggering. Victims may face significant medical expenses, lost wages due to an inability to work, and ongoing rehabilitation costs. Legal representation can help secure compensation that covers immediate and long-term financial needs, allowing victims to focus on recovery rather than financial strain.
This was a wheelchair pedestrian versus SUV collision caused by the negligent actions of the driver of a 2004 Volvo XC90. Our client was seat-belted in her motorized wheelchair and passing the 76 gas station driveway located at 3200 Lakeshore Avenue when the Volvo struck her. The force of the impact caused her wheelchair to overturn, and she was thrown to the ground. There were no adverse road conditions at the time of the accident.
Case Facts and Legal Advocacy
Following the accident, our client sustained severe injuries, including injuries to her right shoulder and scrapes to her right elbow. She was transported by ambulance to Kaiser Hospital Oakland, where a trauma activation was initiated due to her pre-existing medical condition that required her use of a wheelchair.
She required ongoing medical treatment, including extensive physical therapy. Facing significant medical bills, she sought legal representation from GJEL Accident Attorneys.
She sought answers to critical questions:
- Who would be responsible for her medical bills?
- How would she manage the financial burden?
- What if she had additional permanent lifelong damage to her body?
GJEL attorneys promptly evaluated the case and sent an investigator to meet with her. A thorough investigation commenced, including obtaining the police report from the Oakland Police Department, which confirmed the other driver’s 100% liability.
The settlement achieved in this case not only provided financial relief but also served as a reminder of the importance of accountability. Holding negligent drivers responsible for their actions can lead to safer roads for everyone. Each settlement sends a message that reckless driving will not be tolerated and that victims will fight for their rights.
Successful Settlement and Resolution
Initially, Farmers Insurance resisted paying for our client’s medical bills and pain and suffering. However, Attorney Jim Larsen successfully settled the case before trial through aggressive representation. Attorneys Andy Gillin and Jim Larsen helped the client through this difficult time, securing a $475,000 settlement from Farmers Insurance.
As pedestrian accidents continue to rise, awareness and education are key components in prevention. Communities must prioritize pedestrian safety by implementing measures such as improved crosswalks, better signage, and public awareness campaigns. Legal professionals can play a part in advocating for these changes by highlighting the need for increased safety in their cases.
Key Case Details:
- Insurance Company: Farmers Insurance
- Police Report: Oakland Police Department
- Vehicle: 2004 Volvo XC90
- Accident Location: 3200 Lakeshore Avenue, Oakland, CA
- Medical Facilities: American Medical Response, Kaiser Oakland
- Injuries: Fractured collarbone (right side), fractured bone in the right upper arm, fractured bone in the right lower arm with nearly complete loss of range of motion, fractured left knuckles, and memory issues.
This case highlights the importance of seeking experienced legal representation after a pedestrian accident, especially when serious injuries are involved. GJEL Accident Attorneys have the knowledge and resources to thoroughly investigate accidents, negotiate with insurance companies, and fight for the maximum compensation our clients deserve.
If you or a loved one has been injured in a pedestrian accident in Oakland or anywhere in Northern California, don’t hesitate to contact us today. We offer free, no-obligation consultations to discuss your case and answer any questions you may have.
Our dedicated team is committed to providing compassionate and effective legal representation to help you get your life back on track after a traumatic accident. Call us at +1 415-986-4777 or visit our Antioch office to talk to the legal experts.
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.