Pennsylvania Attorney Gets Bicyclist $2.6 Million Settlement

May 27, 2016 by personalinjuryatty.com

A Pennsylvania personal injury attorney was able to negotiate a $2.6 million dollar settlement on behalf of his client who suffered catastrophic injuries when he was hit by a mattress delivery truck. The bicyclist sued the mattress company, the contractor who owned the delivery truck, and the driver.

According to a pre-trial document, the Plaintiff was riding his bicycle and stopped at a stop sign. Given that the bicyclist had the right of way, he proceeded through the intersection and was hit by a mattress delivery truck that ran the stop sign. The bicyclist, after the accident, claimed that the driver of the mattress truck was speeding and was fiddling with the GPS in the truck.

In a pre-trial memorandum, the bicyclist’s attorney alleged that the contractor that the mattress company hired to deliver the mattresses to their customers were negligent in the hiring of the driver of the truck. They claimed that the delivery driver had prior criminal convictions, automobile accidents, and various traffic violations.

The defense attorneys argued that there was a particularly high fence on the corner of that intersection that prevented the driver of the truck from seeing the bicyclist and that the truck was not speeding. They further alleged that the bicyclist was wearing earbuds at the time of the accident. An allegation that the bicyclist doesn’t deny, but explained that his earbuds were off at the time of the accident, but he still had them in his ears because he didn’t want the cord to get caught up in the wheels of the bicycle.

The bicyclist suffered a significant number of serious injuries that included a brain injury complicated by a intracranial hemorrhage, broken ribs, fractured left humerus, persistent lower back pain, punctured left lung, spinal injuries, road rash and neck injuries. As a result of these injuries the bicyclist also claimed to be suffering from anxiety and depression.

An expert witness for the mattress company and the other defendants stated in his report that the bicyclist was fully recovered from his broken bones that were caused by the accident. Another defense witness, a neurologist, in his report cited that it was his belief that the bicyclist didn’t put forth enough effort during the cognitive tests and that the bicyclist was fully capable of improving his mental functions and his quality of life.

The personal injury attorney for the bicyclist and the attorneys for the defense entered into settlement negotiations, and the Plaintiff’s attorney was able to settle this matter before trial for $2.6 million dollars and the bicyclist had to release all defendants from all claims in the future.

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