$5,000,000 Pedestrian Accident Settlement

Butler Kahn recently obtained a $5,000,000 settlement in a pedestrian accident case. Despite limited coverage and a vigorous defense by the at-fault driver, we were able to get a great result for our client, Ms. Jones.

Here’s more about the case.

Facts of the Pedestrian Collision

On the evening of the collision, Ms. Jones finished her shift at work and began walking home. She traveled down the sidewalk and eventually came to an intersection with crosswalks. Ms. Jones stood at the intersection and waited for the pedestrian light to illuminate – which should have allowed her to cross the road safely. Unfortunately, as she was walking in the crosswalk, a driver made an illegal right turn, stuck Ms. Jones, and dragged her under his vehicle several feet.

Then, the driver left the scene. Thankfully, an officer was nearby and witnessed the
entire collision. That officer was able to go after the driver, pull him over, and arrest him
for hit and run.

Personal Injuries Sustained by Our Client

Ms. Jones was visibly and severely injured, unable to move from the roadway. An ambulance took Ms. Jones directly from the scene of the collision to the hospital. At the hospital, doctors found Ms. Jones suffered numerous broken bones. She had multiple pelvic fractures, broken femur, broken collar bone, and dislocated hip. Her injuries required a month-long hospital stay. She had surgeries to implant hardware in her pelvis and femur.

Ms. Jones’ Surgical Hardware

Ms. Jones’ treatment did not stop at the hospital. She was wheelchair bound for months. Over the next year, she treated with an orthopedist and physical therapists. After all of this treatment, Ms. Jones’ medical bills exceeded $850,000.

Difficulties in Pedestrian Cases

The first responding officer immediately blamed our client before the officer even spoke to Ms. Jones or the driver. Thankfully, the officer who saw the collision clarified that it was the driver’s fault and that our client had no blame in the wreck. Had an officer not observed the collision, the police report would have likely blamed Ms. Jones for the collision.

While Ms. Jones was not at fault for the wreck, we knew that some potential jurors would have a bias towards Ms. Jones (just like the first responding officer) simply because she was a pedestrian crossing a busy road. Many people assume that if a car hits a pedestrian, the pedestrian must have been careless, not paying attention, crossing at the wrong time, or “coming out of nowhere.” This bias can be hard to overcome.

Sympathy for Older Drivers

If a 20-year-old leaves the scene of an accident, you know that they made an intentional decision to flee. If an 80-year-old leaves the scene of the collision, it’s now believable that they didn’t realize they hit anything. Juries may award huge punitive damages against the 20-year-old driver and then let the 80-year old driver off easily, dismissing his actions for simple mistake.

The driver who struck Ms. Jones was elderly, in his eighties. The collision occurred after 11:00 p.m., meaning it was dark outside. He was very far from home and told officers that he didn’t realize he hit our client. All of this combined could lead to the jury feeling sympathy for the driver, potentially not wanting to hold him accountable for his actions.

While this was a real danger if we went to trial, we were confident that a jury would see that Ms. Jones was not at fault for the collision, she was seriously and permanently injured, and the driver made a choice to leave the scene. Just because someone is older, it doesn’t mean they shouldn’t be held accountable for their actions.

$5,000,000 Pedestrian Accident Settlement

Ms. Jones had a strong case. She was seriously injured and the driver’s hit and run exposed him to punitive damages and attorneys fees. However, it is often a relief for clients to settle their case so that they can move on with their lives, knowing that there is guaranteed money to pay for their medical bills and future expenses.

We were ready for trial. We made one final offer for $5,000,000. After a few weeks, the insurance company decided it wanted to avoid a trial and accepted the offer. Our client was pleased with the result and very grateful to put this traumatic experience behind her.

* The names in this writeup have been changed for the privacy of those involved

Matt Kahn

Matt Kahn is an Atlanta personal injury lawyer and a partner at the law firm Butler Kahn. Matt has dedicated his career to fighting for individuals and families who had been harmed by the negligence of others. At Butler Kahn, he has had the honor of helping families who have lost children in motor vehicle accidents and people who were critically injured. He helped a family secure a $45 million settlement to provide lifetime care for their son, who was critically injured in a motorcycle accident. Matt is a graduate of Emory University School of Law and has been recognized as a Super Lawyers’ Rising Star and by Best Lawyers as One to Watch. He has received an Avvo 10.0 Top Attorney rating. Connect with me on LinkedIn