You would be surprised by the number of people who are struck by motor vehicles as they attempt to cross a road. We call these pedestrian accidents. Recently, an insurance company unsurprisingly denied liability in a pedestrian accident case. Attorney Hannah Bowie took our client’s case to court. Hannah made the insurance company pay a fair settlement after our client was injured on a high-traffic road in Lynchburg, Virginia.
What Happened at Old Forest Road and Forest Brook Road?
The intersection was Old Forest Road and Forest Brook Road in Lynchburg, Virginia.
Our client was following the same routine she had been following for years. She used public transportation to get to her jobs each day. And, this day was no different. She got off the bus at her Old Forest Road bus stop in front of Biscuitville, walked to the crosswalk signal, pressed the signal and waited until the crosswalk signal indicated that she was clear to proceed across the street.
All traffic had stopped when she entered the crosswalk. She began walking from the Biscuitville side of Old Forest Road to the Bojangles side. When she had almost reached the other side, a car, coming from Forest Brook Road near Walmart, entered the intersection. The driver said he never saw our client. He struck our client, knocking her offer her feet, causing her to strike her head against the windshield. She eventually fall to the roadway.
Paramedics rushed our client to the local emergency room for her injuries. She continued care with an orthopedic doctor and intense physical therapy.
Proving Liability To the Insurance Company
At the outset, the insurance company denied liability altogether. Hannah relentlessly persisted. Her efforts changed the insurance company’s position. She presented evidence including video footage of the traffic light signals at the intersection of Old Forest Road and Forest Brook Road. Even with this evidence and knowing the extent of our client’s injuries, the insurance company refused to fully compensate our client. They made an offer to cover the medical expenses and not much more. They said they would not offer any more.
Proceeding to Litigation
Our client new her case was worth more, so we proceeded with litigation. Once in litigation, the insurance company returned to their original position and denied liability. All the while, keeping their low-ball offer on the table. After depositions, the insurance company threatened to withdraw the offer altogether based on misunderstood testimony.
We continued to place pressure on the insurance company and didn’t back down to their threats of withdrawing their offer.
After more depositions of witnesses, the insurance company realized that they didn’t even understand how the accident happened. They were relying on statements about what a witness said, not the actual witness. In the courtroom, we call this hearsay and it is inadmissible because it is unreliable. So, we deposed the actual witnesses and then the insurance company saw the value of the case, and compensated our client in the amount of $65,000.
Our Client Was Right
Our client was rightfully in the crosswalk and followed all pedestrian regulations to a “T.” She continues to feel pain today and is now in a position to get the medical treatment she needs.
