Van versus bicycle accident results in $2.3 million wrongful death lawsuit verdict

A 52-year-old man was hit by a van belonging to a hotel corporation, driven by a hotel employee.

This case was about being in the wrong place at the wrong time. A 52-year-old man was out riding his bicycle early in the evening in September 2008, when he was struck by a van being driven by an employee of one of the local hotels. At trial, the van driver and the hotel corporation were found equally liable in a civil suit filed by the family of the deceased bike rider.

The bike rider was not wearing a helmet at the time of impact, and he was ejected from his bike, slamming into the pavement, sustaining serious traumatic brain injuries. Although he made it to the hospital alive, and survived emergency surgery, he died three days later. He left behind a wife and three sons.

The jury ruled that the bike rider and the van driver were both at fault for the accident. However, the van driver and therefore the driver’s hotel employer were responsible for 58 percent of the negligence in the accident. The cyclist was deemed to be 42 percent responsible, as no one could ascertain for sure if he had obeyed a stop sign prior to the collision. It was determined that the van driver did not have a stop sign, but also revealed that he was traveling 40 mph in a 25 mph zone.

Other evidence that came to light during the trial determined that the van driver may also have been using a cell phone just prior to the impact; a violation of state law. The driver denied that he was on his phone. In assessing the case, the jury awarded $1,709,840 in damages to the estate of the deceased cyclist and $580,000 in damages to the widow, who had asked the court to award expenses for medical bills, funeral and burial costs, lost wages and the permanent loss of her husband’s earning ability, companionship and moral support. The deceased had been a doctor in his native homeland.

Most wrongful death lawsuits are not about exacting revenge. They are about making sure something horrible does not happen to someone else’s family. They are about seeking compensation in order to be able to move forward with their lives. They are about trying to heal and deal with the sudden loss of income provided by the deceased who died a wrongful death.

None of these cases are easy, and many of them take a number of months, if not years to get through court. This is why a family who has lost someone in such a manner needs to seek compassionate and experienced legal counsel from an Austin personal injury lawyer. Assessing damages in cases like this is part of the experience counsel needs to help a family get the compensation they deserve. A seasoned personal Austin injury lawyer will get the family through their ordeal with as little anxiety and grief as possible.

Brooks Schuelke is an Austin personal injury attorney with Perlmutter & Schuelke PLLC. Contact an Austin injury lawyer at Civtrial.com or (512) 476-4944.

This case is an example of a personal injury case and not one of our firm’s cases.

Perlmutter & Schuelke, PLLC maintains offices in Austin, Texas. However, our attorneys and lawyers represent clients throughout the state of Texas, including Dallas, Houston, San Antonio, Forth Worth, El Paso, New Braunfels, San Marcos, Kyle, Buda, Round Rock, Georgetown, Lockhart, Bastrop, Elgin, Manor, Brenham, Cedar Park, Burnet, Marble Falls, Temple and Killeen. By Brooks Schuelke


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