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Injuries: Orthopedic Injuries, Mild Traumatic Brain Injury
Attorney Jason Konvicka negotiated a $500,000 settlement for a woman who was involved in a bus versus pedestrian accident. Plaintiff was struck by a bus owned and operated by the defendants when it made a right-hand turn at a busy urban intersection in central Virginia.
She was hospitalized for 17 days and remained on bed rest for the next eight weeks. Various orthopedic injuries resulted from the crash, although none of the plaintiff’s injuries required surgery.
The incident was recorded by security cameras located on the bus and on a nearby building. The videos recorded the plaintiff and bus at various times prior to and after the collision, but not the actual collision itself.
The defense hotly contested liability in the accident. The videos and deposition testimony of the parties and witnesses confirmed that the plaintiff attempted to cross the intersection with the protection of the “Walk” signal. However, the plaintiff was walking 10-15 feet to the right of the marked crosswalk. The plaintiff testified that she did not see the bus at any time before it struck her. Video from the bus suggested that the plaintiff was looking at her cell phone instead of looking for oncoming traffic. The bus driver testified that he never saw the plaintiff as he attempted his right turn, although video from the bus suggested that the driver would have seen the plaintiff if he had been carefully scanning for pedestrians. Defendants argued that their driver acted reasonably under the circumstances, that the driver would have seen the plaintiff if she had been walking in the marked crosswalk, and that the plaintiff was contributorily negligent. The defendants also challenged the nature and severity of the plaintiff’s injuries.
The case settled during mediation one month prior to trial.