Pedestrian Crosswalk Accident Leads To $13.1M Settlement

Pedestrian Crosswalk Accident Leads To $13.1M Settlement

Introduction

A plaintiff who was catastrophically injured and became a quadriplegic after an accident happened on 15 January 2016, won $13.1 million in settlements.

According to the court documents, the collision occurred at the intersection of Willow Pass Road and Bella Vista Avenue in Contra Costa County, when the plaintiff was crossing the street in a marked, uncontrolled crosswalk. An Eastern Contra Costa Transit Authority (ECCTA) bus was parked at a bus stop, which is about 50 feet near to the crosswalk. The bus stop is considered near-side and hazardous as it obstructs the view of pedestrians and drivers, increasing the likelihood of a crash. A similar situation happened with the 31-year-old plaintiff, when a van, traveling at 37 miles per hour, in a 25 mile per hour zone, struck her.

The plaintiff suffered extensive skull fractures and brain bleeding leading to multiple surgeries, including a craniotomy. She also developed hydrocephalus several months later, a chronic condition that occurs when cerebrospinal fluid accumulates in the brain. She became a quadriplegic and now requires 24/7 attendant care due to the injuries.

A lawsuit was filed against the van driver, ECCTA, and Contra Costa County, alleging negligence of the van driver, and dangerous conditions created by ECCTA and Contra Costa County. The van driver did not remember seeing the plaintiff before the impact, but the van's data recorded revealed a slight depression of the car brakes.

In 2018, ECCTA settled for the insurance policy limits for $2 million. Contra Costa County and the van driver both settled the lawsuit for an additional $11.1 million, a week prior to the trial after their motion for summary judgment was rejected by Judge Jill Fannin.