John Uustal, a Florida based serious injury and wrongful death lawyer, looks at Cyclist and Pedestrian Accidents where injuries were incurred by an auto or truck collision.
Auto v Pedestrian or Cyclist Injuries – Serious injuries and complex cases explained by high profile injury lawyer John Uustal TRANSCRIPT
Traffic fatalities have been falling for decades because cars are being better made, drivers are being better trained, roads are being better built. Until, unfortunately, a few years ago, we saw traffic fatalities start to increase.
In particular, at my firm, we’ve seen an increase –and this is borne out by the statistics– an increase in pedestrians getting struck and hit by cars. These can be catastrophic, the injuries, and even death when an individual pedestrian or bicyclist is hit directly by a car.
These cases are difficult. The proof that’s required is different than in a normal car crash case. We have a specialty in this area now because people have started sending these type of cases to us, and we have handled many of them.
We have developed unique ways to prove what you need to prove to win one of these cases. There are always issues related to where the pedestrian was exactly -in the crosswalk, not in the crosswalk- what the driver was doing at the time, texting or talking, or something of that nature.
There’s always an issue in regard to the speed that the pedestrian was walking because the defense insurance company always claims, always, that the pedestrian darted out in front of the car, even when all the witnesses disagree. And we have developed unique ways to prove that that’s not true.
One time we brought a treadmill into the courtroom and had the treadmill set at the speed that the defense expert said the plaintiff was walking. And, of course, it wasn’t a walk; it was a run.
We have tracked down vehicles in other parts of the country when defendants and insurance companies have tried to hide them from us and take them out of the state.
We have never lost one of these cases.
When a pedestrian or bicyclist gets hit by a vehicle, it is almost always, partially or fully, the fault of the vehicle. And we have never lost one of these cases because we have developed unique ways to prove what we need to prove. Because we have a specialty in this area, we know what we need to prove early in the case. We know what evidence we need to nail down, and then we know how to present it to a jury.
John Uustal Florida Bicyclist and Pedestrian Injury Lawyer