A Castro Valley resident who was struck on the side of the road at night settled his case for the insurance policy limit of $250,000. The driver who struck him failed to see him, did not brake, and ran over him. The man suffered facial fractures, a jaw fracture, the loss of several teeth, and subarachnoid and subdural hemorrhage. He received treatment at UCSF Benioff Children’s Hospital Oakland.
The insurance companies involved predictably argued that the young man caused the collision by being on the shoulder of the road in dark while wearing dark clothing. His attorneys, however, successfully argued that the driver of the vehicle was negligent in driving too quickly to react to any obstacles. His attorneys’ analysis showed that the combination of overhead lighting, vehicle headlights, and the headlights of another nearby vehicle would have illuminated the victim approximately 125 feet before the collision, leaving the driver with ample time to swerve or brake.