Arizona pedestrian accident lawyer settles lawsuit for $95,000 at mediation

Phoenix injury lawyer Gary Annes has resolved a truck vs. pedestrian accident case for $95,000 for a plaintiff who was negligently struck by a truck as he walked in a marked crosswalk.

On June 18, 2009, the victim was walking in a quiet residential neighborhood in Chicago, Illinois when he began to cross a side street at the designated pedestrian crosswalk. When he was nearly across, a truck driver who was stopped at the intersection suddenly accelerated and struck the man with the front of his vehicle. The victim was hit in the right side of his body and thrown to the pavement, at which point he immediately complained of back, neck, and shoulder pain. He was then transported by ambulance to Swedish Covenant Hospital.

The driver pleaded guilty to the traffic tickets he received for failing to yield the right of way to a pedestrian in a crosswalk and failing to exercise due care to avoid colliding with a pedestrian. There was good visibility at the time of the accident, as there was sufficient light available and the street was straight and flat.

The x-rays taken at the hospital showed some loss of disc height in the lumbar spine and straightening of the lordotic curve of the cervical spine. The victim was diagnosed with lumbar and cervical strain, instructed to temporarily take off work, prescribed anti-inflammatory and pain medication, and instructed to seek follow up care. Unfortunately, the victim’s condition worsened over the next couple days when his back pain began to radiate into his right leg and cause discomfort.

A week later, the man began therapy for his neck and back pain, which was radiating down his entire right leg. The pain was particularly bad when he was sitting or doing everyday activities such as putting on his shoes and socks. A course of therapy was determined by the doctor and the man was treated over the next several months. Despite these treatments, however, he did not experience any significant relief of his injuries and was forced to seek further medical attention.

An MRI revealed that he had suffered herniated/bulging disks which were pressing against nerve roots. Due to the nature and extent of this injury, he was referred to a pain specialist and ordered to continue therapy. A pain specialist at Northwestern Memorial Hospital performed an epidural steroid injection on July 21, 2009, which only relieved his symptoms for a short time. The low back pain radiating into his right leg soon flared up again and required a visit to the Northwestern Memorial Hospital’s emergency department where another epidural injection was performed.

The injection improved his condition for a short period of time, but his therapy ended and the pain flared up once again. The pain was diagnosed as chronic and episodic in nature, and he was ordered to undergo another course of physical therapy and begin use of a home electro-muscle stimulation unit. Epidural steroid injections were also administered on 3 separate occasions during February and March of 2010, which improved his condition.

As a result of his injuries, the victim was unable to engage in the leisurely and every day activities for a period of time at a level he was accustomed to.

A lawsuit was filed in the case so the victim would be able to receive the maximum compensation for his injuries. After commencing with the discovery phase of the lawsuit, both sides agreed to participate in non-binding mediation where the lawyers at Abels & Annes were able to negotiate a $95,000 settlement with the defendant’s insurance carrier.

If you are a pedestrian in Arizona that has been hurt as a result of a collision with an automobile, contact us online or call (866) 99-ABELS for a free consultation. You may be entitled to compensation for your injuries, and there is no attorney’s fee unless a recovery is made on your behalf.

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