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Pedestrian struck by car's mirror collects $90,000.00.

Pedestrian struck by car's mirror collects $90,000.00.

Posted By The Dunnion Law Firm || 1-Apr-2016

A 57 year old construction worker had just completed a job in the early evening hours of November. As he was preparing to leave the job, his truck would not start. He realized he was only a short distance from a friend’s house in a rural area. He decided to walk. It was raining lately. As he walked along the roadway, he suddenly felt headlights coming up behind him. He attempted to move to the right out of the way but was struck by a vehicle mirror. The mirror broke off of the vehicle and sent the 57 year old onto the shoulder. When he got up he realized something was wrong. He was in pain, his glasses were askew and he could not find his cell phone. He continued to make his way along the road and saw the vehicle that he believed struck him stopped at an intersection making a left hand turn, stop again, and then drive away.

When he arrived at his friend’s house, the friend observed that he was injured and offered to take him to the hospital. They got into the friend’s truck and started to head back down the same road he came en route to the hospital when they observed a police officer parked alongside the road with his red lights flashing. They looked out and observed the alleged hit and run vehicle back at the scene with a police officer. They stopped and advised the officer that the 57 year old had been hit and they were taking him to the hospital. Apparently, the "hit and run" driver had returned to the scene after calling his wife for advice. The police officer’s pieced the matter together but nonetheless found the 57 year old at fault for the accident for walking in the roadway after dark and on the wrong side of the street. Recognizing that these facts were not favorable, the 57 year old contacted The Dunnion Law Firm who assigned the matter to an attorney.

The Dunnion Law Firm attorney arranged for medical treatment and engaged an accident reconstruction expert for a consultation. After considerable litigation, the matter arrived at mediation in San Jose, California. It was presented that the 57 year old had sustained a back injury in the accident that was not surgical. The defense had obtained two years of medical records indicating a hospitalization at the Veteran’s Hospital for approximately 60 days two years prior to the accident for a "back problem." The Dunnion Law Firm attorney was able to persuade a mediator that while there was comparative negligence on the part of the 57 year old, the back injury at the VA was not related to the physical trauma that he sustained in the auto vs. pedestrian accident. It was instead related to a late spinal infection, completely unrelated to the motor vehicle accident. The mediator acknowledging the difficulty with the case and the complicating issues of the lengthy hospital treatment at the VA presented a mediator’s number in the amount of $90,000.00 which was accepted by both sides. This case was very complicated and required The Dunnion Law Firm to go the extra mile digging into past medical history to obtain an award. The Dunnion Law Firm attorney also secured confirmation from the Veterans Hospital that the 57 year old did not owe any lien for services provided