Partner Jeff Taylor and Associate Tyler Moore recovered a $100,000.00 (policy limit) settlement on behalf of a client who was struck and severely injured by a vehicle while crossing a street in Downers Grove. In March 2016, our client was crossing a four lane highway near a busy intersection. At that time, a vehicle traveling approximately 45 miles per hour struck our client who was unable to recall the details of the accident.
Because there were no witnesses to the crash, and our client was unable to recall the collision, Spesia & Ayers relied upon investigating reports and statements taken by a responding police officer at the scene. The police report indicated that the driver of the vehicle told the responding officer that she did not see our client until after she got out of the vehicle. In addition, the driver’s insurance company claimed that our client was at fault (and therefore the driver was not liable) because he was not walking in a crosswalk and he was wearing dark clothing and there was inadequate lighting.
After obtaining Google Earth imaging of the intersection, Spesia & Ayers found that there was a shopping mall near the intersection which provided sufficient overhead lighting. Our attorneys argued that the lack of lighting was not the reason the driver hit our client, and that the actual cause of the accident was that the driver was distracted, failed to observe her surroundings, and thus caused the accident. Moreover, Spesia & Ayers were able to find case law precedent to support the proposition that a pedestrian is entitled to recover for his injuries even if he was not walking in a crosswalk at the time of injury. Despite the arguments made by the driver’s insurance company, Spesia & Ayers was able to successfully obtain a significant recovery for their client without engaging in drawn-out and expensive litigation.