12/11/09 – $225,000 Settlement: Dementia/Pedestrian Accident
The 76 year old female Plaintiff was struck by the Defendant’s vehicle as she was crossing the road from her elderly housing complex where she resided, suffering two broken legs. The Defendant claimed that she was crossing from West to East and that she had walked in front of his car without warning and therefore he was unable to avoid the accident.
Brian Cunha & Associates were retained and immediately hired an accident reconstructionist to reconstruct the accident. The reconstruction revealed that the Plaintiff was in fact crossing from the opposite direction and was struck by the Defendant after she had already safely crossed both lanes and was entering the breakdown lane. It was discovered that the Plaintiff was going about her normal routine of walking to the Post Office with her mail which required that she cross the road from East to West, which was confirmed by the stamped mail that she had not yet mailed found in her purse. Further evidence of her location was discovered in newspaper photos that were obtained by Brian Cunha & Associates that clearly show the Plaintiffs’ shoes in the breakdown lane.