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At Fault Minor on a Bicycle Hit by Truck But Still Gets $100,000 Policy Limits

At Fault Minor on a Bicycle Hit by Truck But Still Gets $100,000 Policy Limits

Posted By The Dunnion Law Firm || 12-Apr-2017

Our client was a 14 year old boy riding his bicycle at the time of the accident. He failed to stop at a stop sign and pulled out in front of traffic. A man in a large pickup whom we believe was speeding struck the boy and threw him across the road causing him to suffer a severe fracture to his tibia and fibula. Due to his serious injuries, he was airlifted to a San Jose trauma center where he underwent emergency leg surgery with hardware inserted. We took the case after his mother called us frantically although we suspected the client would be at fault. It turns out the driver was a former law enforcement officer and the police report simply blamed our client even though he claimed his chain had broken and he could not stop. We took the case and fought for years against the driver’s insurance company as they blamed our client and offered only $25,000.00 to settle. Our client underwent a 2nd surgery a few years after the crash, and he was an orthopedic specialist who advised he was going to yet need future care, but the driver’s insurance company refused to pay more. After nearly five years, with the statute of limitations approaching, we had no choice but to file a lawsuit and we did, giving the insurance company one final opportunity to settle. They realized thereafter that we were not going to let go, and finally decided to offer their policy limits of $100,000 to our client, who was now an adult. Since there were no assets to pursue, we ultimately then negotiated his bills and his Medi-Cal lien significantly to put a substantial portion of the settlement in his pocket.