Pedestrian versus auto collision
October 31, 2013 at approximately 8:21AM
Intersection of Miller Avenue and Magnolia Avenue, in the City of South San Francisco, CA
Narciso and Alexander, a six year old child, were standing on the southeast corner of the intersection of Miller Avenue and Magnolia Avenue. They were on their way to Alexander’s elementary school. The defendant was traveling eastbound on Miller Avenue in a red Pontiac Grand AM. Suddenly, the Grand AM decided to proceed across the intersection. The car was halfway across the intersection when he noticed our Narciso and Alexander crossing the street. The driver was unable to react in time, and the front left of his vehicle struck both Narciso and Alexander along the left side of their bodies. Upon impact, Narciso put his left hand on the center hood of the vehicle and rolled over the hood towards the driver side of the vehicle, thereafter falling from the hood to the ground. They were hit with the front left side of the vehicle.
Violation of CVC § 22350 which states…“No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property.”
The injuries Narciso sustained were so severe that the police believed they were responding to a pending fatal accident. Narciso was bleeding profusely from his head and eventually needed twenty four sutures to close the wound. Alexander had to be physically restrained by witnesses because he believed he was watching his father die, and was completely hysterical. Alexander has needed psychiatric evaluation as a result of this incident and will suffer from the trauma for an indeterminable amount of years.
As direct result of this drivers negligence and disregard for the safety of other citizens, Narciso and Alexander were the victims of a serious vehicle collision. Sariol Legal Center took this case right away, winning a settlement for Narciso. Both still relive the events of this accident and are constantly anxious, nervous, and scared any time they are in or around traffic.
After being rejected by 7 law firms, SLC closed out the case the policy limit of 25 thousand dollars. (The maximum amount for bodily injury in the Defendants Car insurance policy).
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