Case Results

This is a wrongful death case that arises from the death of a 72-year-old female cyclist who was struck and killed by a commercial vehicle while riding in a marked bicycle lane. Her wife was the sole next of kin under the wrongful death statute. The driver was not charged criminally. Plaintiff retained a collision reconstruction specialist and engaged in multiple inspections of the subject vehicle, as well as the location of the crash. Plaintiff’s counsel also engaged in informal discovery of the circumstances of the crash, which included witness interviews, video surveillance that had been captured by private homeowners, as well as the usual climbing over and under vehicles in an impound lot. The video footage, witness statements, and collected evidence were merged into a presentation prepared by Plaintiff’s collision reconstruction specialist, in which the specialist opined that the truck driver violated six statutes, engaged in numerous safety violations, and failed to see the cyclist throughout the time that she was visible, which the specialist believed to be more than eight seconds. Plaintiff’s counsel also conducted extensive video interviews of approximately twenty family members, friends, and colleagues of the decedent, who was retired. These interviews were edited together into a video presentation that told the story of who the cyclist was and what she meant to her widow. There was no significant evidence of conscious pain and suffering. The video presentation was provided to the defense team and mediator in advance of the pre-suit mediation. The presentation prepared by the Plaintiff’s collision reconstruction specialist was provided to the mediator in confidence. The case settled at mediation for $3.75 million dollars.