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John’s Story: Aggressive Tactics Lead to a $178,000 Settlement for a Pedestrian

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John was on a business trip in San Antonio, far away from home. While walking downtown, he crossed the street at an intersection. That’s when the driver of a refrigerated food truck ignored a stop sign, turned left, and hit John.

He found himself injured and alone in an unfamiliar big city. Unsure how to handle his pedestrian injury claim after returning home, John turned to Crosley Law Firm.

pedestrian accident settlement

Crosley Law’s Investigation Uncovers the Truck Driver’s Negligence

Initially, the delivery company denied any responsibility for John’s injuries. However, as our team started building John’s case, it was clear that the truck driver had been distracted and was at fault.

At the scene of the crash, the driver said he hadn’t seen John in the crosswalk. However, the San Antonio Police Department cited the truck driver for failing to yield the right of way to a pedestrian.

While the police report was an important piece of evidence, we knew there was more to the story. Since the delivery truck was equipped with a dashcam at the time of the crash, we demanded copies of the footage. It clearly documented the series of events that lead to John’s injuries:

  • The driver had not stopped at the intersection’s stop sign, instead, rolling through;
  • He was eating an apple while driving and only had one hand on the wheel as he turned left;
  • A group of pedestrians was clearly at the intersection twenty feet in front of John; and
  • John was already a few steps into the crosswalk when the truck driver turned left into him; the driver was looking to his right for vehicle traffic and failed to ensure the intersection was clear of pedestrians.

It was clear through the footage that if the driver had been following the rules of the road, he could have avoided the crash entirely.

Based on the overwhelming evidence, our team decided to include a request for punitive damages in John’s lawsuit, which aim to punish those who act recklessly or intentionally injure someone.

pedestrian accident

The Driver Admits to Wrongdoing, Strengthening John’s Injury Claim

We were well-prepared as we headed into the delivery truck driver’s deposition. During a deposition, a witness answers questions under oath, and their statements help clarify personal injury claims and uncover information about what happened. The truck driver’s testimony only damaged his defense. Under oath, he admitted:

  • He had ignored the stop sign;
  • Had he been paying attention, he would have noticed John and other pedestrians at the intersection; and
  • His conduct was reckless;

Now that it was clear that the trucking company was liable for John’s injuries, they tried a different tactic to avoid taking responsibility.

RELATED: Hit by a Delivery Driver, a Pedestrian Gets a Settlement: Zack’s Story

pedestrian accident settlement

The Trucking Company Tries to Use Experts to Weaken John’s Case

John’s extensive injuries, which required an overnight stay in the hospital, lead to $47,000 in medical bills. The defense lawyers hired an expert witness who claimed that the charges for John’s medical care were excessive, so the trucking company should not have to pay for it.

There was one big problem with this argument. The trucking company’s “expert” wasn’t a doctor—he was an accountant. He lacked the training or insight to assess John’s medical care.

The Crosley Law team quickly filed a motion with the court, arguing that the court should strike, or exclude, the accountant’s testimony. The judge agreed, further weakening the trucking company’s defense.

RELATED: How Does Insurance Work in a Commercial Truck Accident?

pedestrian claim settlement

John Settles His Pedestrian Accident Claim for $178,000

Our aggressive approach in John’s pedestrian injury claim paid off. So far, the trucking company’s insurer had only offered $50,000 to settle John’s case. This was barely enough to cover his medical bills, let alone cover his lost income, pain and suffering, and other damages.

However, shortly before trial, the insurance company agreed to pay the amount demanded by Crosley Law — $178,000. After attorney’s fees and expenses, John received $102,009, and he didn’t have to travel from out-of-state for a jury trial. Interestingly, if the case had not settled and proceeded to trial, it would have been conducted as a virtual jury trial due to the Covid-19 restrictions in place in the San Antonio court system. The proceedings would have taken place by Zoom, which would have been convenient for John since he was from out of state.  

Crosley Law: Fighting for Crash Victims in Texas

Crosley Law uses aggressive tactics and careful investigations, helping crash victims get the answers and compensation they deserve. If you have been injured or lost a loved one in a motor vehicle accident, call Crosley Law today at 210-LAW-3000 | 210-529-3000 or fill out our brief contact form. We’ll set up your free consultation so you can get free expert legal advice about your situation.

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

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