Cyclist Gets $29 Million After Being Struck by Driver from Plumbing Company
A Pennsylvania jury recently awarded $29 million to a cyclist who was disabled by a brain injury after a commercial truck driver struck him in Lancaster County. According to the lawsuit, the 51-year-old plaintiff was riding his bike on the Enola Low-Grade Trail in Lancaster County on July 16, 2022. When the plaintiff attempted to cross the road, the driver of a Ford Econoline E350 Super Duty struck him, causing him to be uprooted onto the hood of the vehicle.
The plaintiff was a nurse at a Veterans Affairs hospital. He suffered a severe brain injury as a result of the crash. He is no longer able to live independently since the accident occurred. He now resides at a long-term care facility in Maryland.
The plaintiff sued the driver of the commercial truck and the driver’s employer, JM Lapp Plumbing & Heating, in Chester County Court in 2023. He argued in court records that the plaintiff had the right of way and that the driver had a responsibility to yield. The driver of the truck had been living on the road where the crash occurred for nearly a decade and should have been familiar with the intersection, attorneys for the plaintiff argued.
In the weeklong trial, an expert for the plaintiff testified that the driver, traveling at 29 mph, would have had a clear line of sight to the cyclist from at least 100 yards away. This should have allowed him to stop or slow down. The plaintiffs argued that the truck driver was going too fast and not paying attention.
Defendants blame the victim
It’s common practice in a personal injury lawsuit for the defendants to blame the victim for their own injuries. This case was no exception to that general rule. Attorneys for the driver and the plumbing company argued that the victim had no memory of the accident and there were no witnesses at the moment of impact. Their driver was driving within the speed limit when the crash occurred when “suddenly” the cyclist entered the road from the trail at “a high rate of speed.” They argued that the victim should have also been familiar with the intersection as a seasoned biker.
“While the injuries that Mr. Wilson sustained are very serious, the incident that led to these injuries cannot be fully attributed to the Defendants … [because he] should have been aware of his responsibilities and all the necessary safety protocols that a bicyclist must take when riding on public trails and public roadways,” lawyers for the driver and the plumbing company said in court filings.
Ultimately, the jury found in favor of the plaintiff awarding him $29 million for his injuries. The jury found that the plumbing company and its driver were responsible for the crash. They awarded him $13 million in economic damages and another $16 million for pain and suffering.
Talk to a Tulsa, Oklahoma Truck Accident Lawyer Today
Levinson Law, P.C. represents the interests of plaintiffs in truck accident lawsuits filed against negligent drivers and their employers. Call our Tulsa personal injury lawyers today to schedule an appointment, and we can begin investigating your case right away.
Source:
inquirer.com/news/lancaster-truck-accident-cyclist-lawsuit-chester-verdict-20241209.html
