Case Type: Third Party Auto Negligence - Automobile vs. Pedestrian (Bike)
Facts of the Case
The case arises out of a car vs. pedestrian bicyclist collision that occurred on August 21, 2015 at approximately 7:36 AM in Cohoctah Township. Defendant struck Plaintiff on his bike as he rode to his high school for cross country practice. Plaintiff was hit on by ring road near the intersection of Allen Road. Defendant was driving a 1997 Saturn. Defendant admitted that she fell asleep and does not remember the collision. She was on her way home from work, where she was on the midnight shift.
Plaintiff was riding on the right side of the roadway when defendant crossed the center line and struck him. He attempted to avoid the collision.
Dashcam video obtained the statement taken by the investigating sheriff deputy from the defendant driver. Defendant driver admitted to the investigating sheriff deputy that she had fallen asleep.
Types of Injuries and Harm Suffered
- Fracture of non-dominant left arm
- Multiple abrasions and road rash
- Psychological trauma caused by incident
- Leg pain
Other Types of Damages
- Client missed the cross country season
- The need for psychological services to address posttraumatic stress disorder
Legal Issues in the Case
- What was the value of a simple closed fracture of client's non-dominant arm?
- Should a lawsuit be filed immediately or should the case be resolved pre-suit?
What We Did To Win The Settlement
We filed a lawsuit in Livingston County Circuit Court against the defendant driver rather than attempting to resolve the claim pre-suit with the insurance claim representative. We determined early on that the claim representative would not negotiate in good faith.
We obtained the sheriff deputy dashcam video which included audio. The audio contained the sheriff deputy's interview of the defendant driver and her admission that she fell asleep while driving. By obtaining the dashcam video we removed any question about liability for causing the collision.
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