San Jose personal injury law firm of Corsiglia McMahon & Allard overcame defense argument that the pedestrian was at fault for getting hit by the car. Personal injury lawyer Robert Allard represented the Santa Clara County pedestrian victim.
Online PR News – 03-February-2011 – – San Jose, CA -- February 2, 2011 -- The San Jose personal injury law firm of Corsiglia McMahon & Allard is announcing a $1.75 million settlement on behalf of a Los Altos woman who was out for her evening walk when she was struck from behind by a vehicle driven by a sun-blinded driver.
Despite the driver being cited by the police for driving at an unsafe speed given the blinding sun conditions, defense attorneys for the driver tried to blame the victim for walking on the wrong side of the road and for walking in the path of the vehicle.
Attorney Robert Allard, representing the victim, argued that the driver was able to see the victim walking long before he was blinded by the sun. "The driver had plenty of time to slow down given the unsafe road condition and a pedestrian walking alongside the road," said Allard.
Due to the driver and defense attorney unwilling to take personal responsibility for the negligent accident, Allard had to hire an accident reconstruction expert to prove to a potential jury that the driver was completely at fault.
The accident reconstructionist found that because of the rural nature of Los Altos, at the location of the accident there are no marked crosswalks thus the victim chose the side of the street that had a wider and safer walking area for pedestrians. While the defense argued that the victim was walking on the wrong side of the road, Allard argued that it does not change the driver’s responsibility for the accident. "If the pedestrian would have been a bicyclist riding legally on the side of the road that the victim was hit, the driver still would have hit the bicyclist because he was driving recklessly," stated Allard.
The victim suffered major head injuries including a skull fracture and was immediately taken to Stanford Hospital where she was treated for nearly two weeks, including five days in ICU.
Since being released from the hospital the victim has had two knee surgeries and suffers from severe fatigue from the brain injury. "Credit needs to be given to the victim for her desire to be productive again," said Allard. "This is an individual that was earning a six figure salary prior to the accident. She has returned to work on a part-time basis and is still undergoing physical therapy to help in her recovery," added Allard.
About Corsiglia McMahon & Allard
Corsiglia McMahon & Allard was named one of the best law firms in America in 2010 by U.S. News Best Law Firms. Timothy McMahon, a member of the American Board of Trial Advocates, and Robert Allard, selected twice by The American Trial Lawyers Association as one of the Top 100 Lawyers in California join partner Brad Corsiglia, selected by Best Lawyers in America, along with associate Mark Sigala, former President, Santa Clara County Trial Lawyers Association, to position Corsiglia McMahon & Allard as the preeminent personal injury law firm in San Jose and California.