A San Jose man was walking to the store as he did each week. When the light turned green and the "walk" sign flashed to walk, he began crossing the street in the crosswalk. An inattentive driver coming the opposite direction made a left turn and ran down the man with a half ton van knocking him to the ground making him hit his head on the ground.
The man was disoriented and embarrassed as a crowd of people gathered around him. When emergency services arrived on the scene he was taken by ambulance to the emergency room. He did not remember talking to the police other than telling them his name.
At the hospital, the man was diagnosed with a skull fracture and a subdural hemorrhage(bleeding inside the skull). The man was kept in ICU for a day while the hospital monitored the bleeding to make sure it stopped and did not cause any problems to his brain. After being released from the hospital the man continued to have significant symptoms every day. While the man’s injuries were initially very severe, he needed a minimal amount of follow up medical care and most of his symptoms resolved in a short period of time.
When he received a copy of the police report, the man was shocked to see the police blamed him for the accident. The driver of the van told police she had a green left turn arrow and the pedestrian was crossing against a red light. The police took the woman’s word for the facts of the accident and concluded the pedestrian was at fault.
The man turned to The Dunnion Law Firm for help. It took only one visit to the scene of the accident by The Dunnion Law Firm to prove the police and the driver of the van were wrong. The traffic signals at that intersection did not have left turn arrows so the facts reported by the police could not be true.
The "left turn YIELD on green" sign was all the evidence needed to prove the defendants story was false.
While the evidence was clear, the attorneys hired by the defendant’s insurance company still contested liability, blaming the man for the accident. It was necessary to file suit, take multiple witness depositions, and more than a year of litigation to get the insurance company to settle the case for $225,000.00.