About the Case
On a Thursday in February at the intersection of Fruitvale Avenue and East 9th Street in Oakland, CA, County of Alameda, our client was riding his bicycle southbound on Fruitvale Avenue when struck by a tractor-trailer southbound on Fruitvale Avenue. Our client was obeying all the rules of the road for bicycles when struck, causing severe injuries. The accident resulted in not only severe injuries but the loss of work and large medical bills.
The driver of the tractor-trailer was driving a Conway Freight tractor.
Case Facts
The police officer stated he could not determine who was at fault for the accident. GJEL Accident Attorneys began an intensive investigation and were able, after one year of work, to prove that the accident was the fault of the Conway Freight driver. Because our client was so seriously injured, the police officer was never able to get our client’s statement. Due to our in-house investigation, we were able to contact independent witnesses and ultimately establish that the accident was 100% the fault of the Conway Freight driver.
Our client was taken by ambulance to the Hospital Intensive Care Unit with fractured ribs, collapsed lung, spinal injuries, left-hand pain and restriction, and severe road rash on his forehead, knee, and chest. The injuries and road rash were consistent with him being dragged by the truck. He also suffered a significant concussion. After two days in ICU, our client was transferred to Fairmont Hospital to begin rehab physical therapy.
Conway Freight was insured by Accord Insurance. Accord Insurance initially took the position that the accident was the fault of Mr. Padilla. We filed a lawsuit in Alameda County Superior Court, propounded interrogatories, took depositions, and were ultimately able to prove that the accident was the fault of the truck driver.
Our client missed a significant amount of work and had a large number of medical bills. When his son reached out to GJEL Accident Attorneys, he wanted to know:
- Who’s responsible for his father’s medical bills?
- How will they pay these bills and deal with his loss of work?
- What if he has permanent, lifelong damage to his body?
The staff at GJEL Accident Attorneys were quickly able to evaluate the case and meet the client in his rehab facility at Fairmont Hospital. At first, the insurance company was not taking full responsibility. Due to the work of Attorney Jim Larsen, it became clear that their truck driver was 100% at fault. As the firm continued to collect evidence and the litigation proceeded toward a trial date, the local judge sent the case to mediation. Attorney Jim Larsen helped our client through this difficult time and ultimately was able to settle the case prior to trial. This case took approximately 11 months to settle. In the end, our client was offered $500,000 for this accident after aggressive representation.
| Insurance Company Names: | Accord Insurance |
| Police Report | Oakland CHP |
| Vehicle Types | Conway Freight tractor |
| Accident Locations: | Fruitvale Avenue and East 9th Street in Oakland, CA, County of Alameda |
| Hospitals and Medical Centers Visited | Paramedics Plus (ambulance), Highland Hospital, Fairmont Hospital, ProTransport, Mission Peak Ortho Med Group, St. Rose Hospital, Alta Bates – Summit Campus, La Clinica Family Optical, Lifelong over 60 Health Clinic |
| Types of Injuries (Specific as possible) | Fractured ribs left side, road rash, knee, back, facial, chest, left hand, collapsed lung/possible fractured spine |
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.