Hit by driver who cut corner.
Our client and her husband were walking their dog in their neighborhood after dark. There were no sidewalks or paved shoulders, so pedestrians routinely walked along the roadway.
As they walked along a narrow residential street, a vehicle approached and began making a left turn.
Instead of completing the turn into the proper side of the road, the vehicle cut the corner.
Our client’s husband saw the headlights and warned her. She turned, saw the vehicle coming toward her, and expected the slow-moving vehicle to stop or move into the proper lane.
It did neither.
The vehicle struck her right side, severely injuring her foot. As she tried to move away, it struck her again, injuring her left knee before knocking her to the ground.
The defense disputed how the collision happened and claimed our client had “suddenly appeared” in front of the vehicle.
So, we went to work.
Accident Reconstructist – Driver at Fault
We retained an accident reconstruction expert and analyzed the intersection, vehicle path, speed, stopping distance, lighting, physical evidence and police body-camera footage.
One of the most important pieces of evidence was captured shortly after the crash.
On body-camera video, our client’s husband—who witnessed the collision from only a few feet away—physically walked to the location where his wife had been struck and stood on the spot while explaining what he had seen.
That impact happened on the side of the roadway opposite from where the vehicle should have been driving!
When we compared the spot he identified immediately after the collision with our reconstruction expert’s independent analysis, the locations were virtually identical.
Our client’s flip-flops were also found in that same portion of the roadway, further supporting her account.
We also analyzed the vehicle’s adaptive headlights. Our expert concluded that our client, who was wearing light-colored clothing, should have been illuminated with enough time and distance for an attentive driver to stop or steer away.
This was no longer simply one person’s word against another.
The physical evidence told the story.
An Injury Many People Have Never Heard Of
Our client suffered serious injuries to both lower extremities and left the hospital in a wheelchair, unable to bear weight on either leg.
One of her most significant injuries was a Lisfranc injury to the midfoot. The Lisfranc joint is small, but it bears tremendous force during standing, walking and climbing stairs.
Despite extensive therapy, specialized footwear, injections and other treatments, she continued to experience pain and instability. Her physicians have discussed surgery to stabilize the foot and the likelihood that she may eventually require a midfoot fusion.
Even the defense medical expert agreed that the collision caused the Lisfranc fracture and acknowledged that this type of joint injury can lead to arthritis that worsens over time.
The Details Matter
Cases like this remind us why preparation matters.
A pair of shoes in the roadway.
A few seconds of body-camera footage.
The location where a witness stood shortly after a crash.
The path of a turning vehicle.
The reach of its headlights.
A few words buried in a defense doctor’s report.
Individually, those details may seem small. Together, they can completely change how a case is understood.
After extensive litigation, expert analysis, depositions and preparation for trial, the case was resolved for a significant dollar figure.
Our job is to find the details, understand what they mean, and put them together in a way that tells the full story.
That is why preparation matters.
