PLG Hired to Help Teacher Seriously Injured by Car While Walking
The car accident lawyers at Piccuta Law Group were recently retained to represent a woman who was seriously injured while walking. The woman is a university professor at Cal State University Monterey Bay. As she was crossing the street in a crosswalk on campus, a driver failed to yield the right of way and crashed into her right side.
The woman fell violently to the ground. She was evaluated for her injuries by first responders at the scene. She was later transported to the Community Hospital.
The Impact by the Vehicle
The vehicle that hit the client was a 2017 Chevrolet Cruze. It was being driven by a university student who had other students and classmates in her vehicle. The student appears to have been distracted and not paying attention to her surroundings. Presumably, she was paying more attention to the classmates in her car than she was to the pedestrians in the area. As a result, the driver failed to yield the right of way to our client who was a pedestrian.
Evidence at the Crash and Scene
Multiple eyewitnesses at the scene saw the crash. They saw that the vehicle did not yield the right of way. To the contrary, witnesses reported that the vehicle appeared to accelerate. Witnesses also saw the client in the crosswalk prior to being struck by the vehicle.
Witnesses further stated that the client was struck by the front of the vehicle. Other evidence corroborated this. As such, at the time of impact, the client was established in the crosswalk and the driver should have recognized that a pedestrian was present and crossing.
Passengers inside the vehicle gave statements that they saw the pedestrian and shouted to warn the driver. The passenger witnesses stated that they did so because they were not sure if the driver saw the pedestrian. In other words, the passengers seemed to be more attentive and aware of the pedestrian then the driver who was operating the vehicle.
The Failure to Yield the Right of Way to a Pedestrian
Under California law, a driver is obligated to yield the right of way to pedestrians. California Vehicle Code § 29150(a) sets forth as follows: “The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection, except as otherwise provided in this chapter.”
California Vehicle Code § 21950(c) states “The driver of a vehicle approaching a pedestrian within any marked or unmarked crosswalk shall exercise all due care and shall reduce the speed of the vehicle or take any other action relating to the operation of the vehicle as necessary to safeguard the safety of the pedestrian.”
It is well established under California law that drivers are required to watch for pedestrians and to operate their vehicles in a manner to protect those on foot.
The Trauma Suffered by the Client
The client underwent x-rays after arriving at Community Hospital. Her x-rays revealed serious fractures. The physicians concluded that the client’s injuries were too serious to be treated there.
The client was then transferred by ambulance to the trauma center at Natividad Hospital. A trauma unit awaited her arrival. Upon arrival, she was attended to and her injuries were diagnosed.
Due to the seriousness of her injuries, the client was admitted in-patient. Her injuries included a fractured humerus, a fractured proximal head of her right tibia, a torn right meniscus, a collapsed lung and other injuries including bruises, contusions and abrasions.
The Surgeries the Client Underwent
The client required an open reduction internal fixation surgery to address her fractured humerus. This surgery involved hardware and the installation of foreign objects into the client’s body. This was necessary to place her fractured humerus back into proper anatomical alignment. This surgery was performed on an emergent basis and within the first 24 hours or her arrival at the trauma center.
The client also underwent a surgery to repair her fractured tibia. Due to the extent of the client’s injuries she is a candidate for a shoulder replacement surgery in the future. The client continues to treat for her injuries undergoing various modes of therapy for rehabilitation.
The Impact of the Client’s Injuries
The injuries suffered by the client are permanent. The client will always be dealing with some aspect of her compromised body. She will not have full mobility or range of motion. She will experience lifelong aches and pains and is susceptible to arthritis and other related conditions.
Contact Our Experienced Monterey Car Accident Lawyers Today
If you or a loved one was seriously injured in a car accident or as a pedestrian by an automobile, contact the Piccuta Law Group today. Our car accident attorneys regularly handle serious car accident cases. A consultation is free and we do not charge a fee unless we recover for you. An attorney is available now to answer your call.
About the author: The content on this page was written by California personal injury attorney and civil rights lawyer Charles “Tony” Piccuta. Piccuta graduated with honors from Indiana University-Maurer School of Law in Bloomington, Indiana (Previously ranked Top 35 US News & World Report). Piccuta took and passed the State bars of Arizona, California, Illinois and Nevada (all on the first try). He actively practices throughout California and Arizona. He is a winning trial attorney that regularly handles serious personal injury cases and civil rights lawsuits. He has obtained six and seven figure verdicts in both state and federal court. He has been recognized by Super Lawyers for six years straight. He is AV Rated by Martindale Hubble. He is a member of the Consumer Attorneys of California, American Association for Justice, National Police Accountability Project, Arizona Association of Justice, and many local county and City bar associations.
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