(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury/auto accident case and its proceedings.)
Here, defendant and two independent witnesses, Cathy and Frank Bennett, testified that defendant was stopped at the stop sign. Therefore, Archie, who was lawfully riding his bicycle in the bike lane of San Vicente Boulevard, would have observed that defendant was stopped and had a right to assume that she would stay stopped as he passed directly in front of her. Defendant had a duty to obey the stop sign and Archie had a right to assume that defendant would carry out her duty and obey the stop sign and not enter the intersection until it was safe to do so. Accordingly, there can be no comparative fault as a matter of law.
Further, defendants’ argument that plaintiff could have averted the incident is completely without merit. Defendant’s BMW accelerates much faster than Archie pedaling on his bicycle and the impact occurred when Archie was directly in front of defendant’s BMW. Thus, in the moments before the impact, Archie was almost in front of defendant’s vehicle. Based on the speed that the BMW was accelerating, Archie did not have enough time to react and take action to avoid the collision. This incident is unquestionably 100% defendants’ fault.
INJURIES AND DAMAGES
Archie suffered severe and life threatening injuries and extensive damages as a result of defendant’s negligence. Archie suffered a litany of devastating injuries. Archie ‘s right femur was pushed through the pelvic bone causing a right acetabular fracture and dislocation of the hip. Archie suffered pelvic fractures, a ruptured bladder, rib fractures, moderate brain injury with subdural hematoma and seizure, memory loss, nerve damage and significant soft tissue bruising and abrasions. Archie ‘s doctors told his family that they were not sure if they could save him.
A team of doctors were working to keep his heart going, to stop the bleeding and the seizure, to put his bones back together, to sew his bladder and to examine whether other organs were damaged. Archie was hospitalized for over two weeks and underwent right hip open reduction internal fixation for the hip fracture and dislocation, bladder repair, embolization of bleeding pelvic vessels and an exploratory laparotomy. The attached photographs show the gruesome scars that Archie lives with, reminding him of this horrible traumatic incident. (See Part 4 of 4.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.