The primary challenge was proving liability against a driver who insisted our client, a cyclist, darted out unpredictably in a marked crosswalk. The police report listed no witnesses and was inconclusive. The driver's insurance company aggressively argued the cyclist shared fault for not dismounting, turning this into a complex battle over right-of-way and the legal definition of a pedestrian in a crosswalk.
Without independent witnesses or camera footage, the case risked becoming a “he said, she said” scenario, which often results in lowball offers or denial of a claim altogether.
We overcame this by conducting a meticulous, on-site investigation that reconstructed the scene. By reviewing precise traffic signal timing from city records and measuring sightlines at the intersection, we demonstrated that the driver had a clear and unobstructed view for a sufficient distance to have stopped. We further retained a bicycle safety expert to affirm that our client was operating lawfully.
Faced with this technical reconstruction and the clear implications of the driver's distraction, we negotiated firmly with the insurer, who then conceded full liability and agreed to a fair $45,000 settlement covering all medical expenses, bike repair, and pain and suffering.
Result: Our client received just compensation for their injuries and losses, reinforcing the accountability of drivers to yield to cyclists in crosswalks.
