On the evening of Saturday, August 20, 2022, at approximately 7:15 PM, our client was struck by a speeding car while crossing a two-lane highway in a marked crosswalk in San Jose, California.
The adverse driver claimed the setting sun impaired their vision, preventing them from seeing the pedestrian. As the victim was more than halfway across the street, the vehicle struck him, throwing him 5–10 feet onto the asphalt. The impact caused him to hit his head, resulting in significant bleeding.
The police report indicated minor damage to the windshield and the front right side of the adverse driver’s vehicle. Insurance coverage included Geico for the adverse driver and CSAA for the client.
Client Details
The client, who owned his own semi-truck, was employed by a family-owned business and worked approximately 80 hours per week before the accident. Two days after the incident, he contacted GJEL Accident Attorneys through Google. He expressed concerns about financial hardships, particularly making payments on his work truck due to his inability to work.
Despite his serious injuries, the client maintained a positive outlook and, with the firm’s guidance, worked toward a smooth recovery.
Injury Details
The client sustained multiple injuries, including:
- Facial Injuries: Contusion to the left eyebrow, laceration on the right forehead, and swollen shut eyes.
- Head and Neck Injuries: Swelling and pressure in the head, along with severe pain in the back and right side of the head.
- Lower Body Injuries: I have road rash and extreme pain in the outer left knee due to impact from the asphalt.
- Soft Tissue Injuries: Soreness and stiffness in the inner left wrist and right knee.
- Permanent Damage: A ruptured ACL and meniscus damage to the right knee, requiring physical therapy and possibly future surgery.
The client was treated at San Jose Regional Medical Center but did not immediately require skilled nursing care or in-home assistance due to his living with family. However, the injuries have had long-term consequences, including a permanent scar on his forehead and knee instability that affects his ability to play with his child.
Legal and Case Challenges
From the outset, GJEL attorneys Andy Gillin and Jim Larsen provided swift and effective representation. A primary challenge involved managing intricate insurance claims complicated by disputes and demands for arbitration. Further complicating matters was the client’s dual residency, which required careful consideration of how multiple insurance policies applied. To build a robust case, statements under oath were secured, and the attorneys engaged in rigorous negotiations with Geico and CSAA.
Case Result
Following 2.5 years of dedicated advocacy, GJEL attorneys secured a $100,000 settlement for the client. This outcome provided crucial financial support, covering lost wages and aiding in his recovery, all achieved without a trial.
Quote from Attorney Andy Gillin
“Our client faced a situation where his livelihood, family obligations, and health were all jeopardized due to one moment of negligence. We fought to ensure he received compensation that acknowledged the full scope of his injuries and the challenges he continues to face. While the settlement cannot erase the accident’s impact, it provides a crucial foundation for his recovery and future.”- Andy Gillin, GJEL Accident Attorney
This case underscores the severe consequences of distracted driving, even when the distraction is environmental, such as sun glare. GJEL Accident Attorneys’ successful $100,000 settlement for a 25-year-old man struck in a crosswalk highlights the firm’s dedication to advocating for victims of negligence.
Despite the challenges of navigating insurance disputes and complex residency issues, GJEL’s persistent efforts ensured the client received compensation for his injuries, lost income, and ongoing medical needs. This outcome reaffirms that even in situations where the at-fault driver claims limited visibility, they are still responsible for the consequences of their actions.
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.