Our client was riding his bicycle on Sixth Street near Shaw Avenue in Fresno when a 79-year-old woman exiting a shopping center hit him with her SUV. The woman told the police she never saw our client and claimed he came out of nowhere. Our client was in the bicycle lane on the correct side of the road and had the right of way. The investigating police officer placed the defendant driver at fault because she violated California Vehicle Code section 21804, which states:
The driver of any vehicle about to enter or cross a highway from any public or private property . . . shall yield the right-of-way to all traffic . . . approaching on the highway close enough to constitute an immediate hazard, and shall continue to yield the right-of-way to that traffic until he or she can proceed with reasonable safety.
Our client fractured his distal radius (broken wrist) in the collision. Unfortunately, our client went to jail shortly after this incident for an unrelated reason and did not get the treatment that he needed. Many attorneys would have dropped the case at this point. Once our client got out of jail, we arranged for a premier orthopedic surgeon to examine him. The insurance company for the at-fault driver quickly settled the case after reading our orthopedic surgeon’s detailed medical report.