Case details

Bicyclist claimed driver failed to yield the right of way





Result type

Not present

arm, back, bruise, head, headaches, neck, shoulders
On Dec. 12, 2010, plaintiff Erick Roldan, 39, a dry cleaning employee, was on his motorized bicycle, crossing South Western Avenue, near the intersection with West 22nd Street, in Los Angeles, when he was struck by a Honda Accord operated by Mirna Flores. At the time of the accident, Flores was making a right turn from West 22nd Street, which was governed by a stop sign, rather than a traffic light. Roldan was subsequently knocked off his bicycle and he sustained to his neck, shoulders and one arm. Roldan sued Flores, alleging the defendant was negligent in the operation of his vehicle. Roldan contended that he was already in the crosswalk on South Western Avenue when Flores pulled away from the stop sign and began his turn. Thus, Roldan claimed that Flores failed to yield the right of way and failed to ensure that the crosswalk was clear before driving forward. Defense counsel argued that Roldan was at least partially liable for the accident for illegally riding a motorized bicycle in the crosswalk, as stated in Los Angeles Municipal Code §56.15., Roldan suffered cuts and bruises in the accident. However, since he did not have insurance and allegedly did not want an ambulance bill, he did not use the ambulance that arrived at the scene. Instead, he later presented to a hospital near where he lived. Roldan claimed he suffered soft-tissue to his neck, back, and both shoulders. He also suffered scrapes, scratches and bruising to an arm. He subsequently followed up with a medical doctor and a chiropractor, and was treated with physical therapy. Roldan sought recovery of approximately $14,000 in past medical costs. He also sought recovery of damages for his pain and suffering. Defense counsel argued that some of Roldan’s medical treatment was excessive and/or unnecessary. Specifically, counsel argued that Roldan’s physical therapy treatment and some of the orthopedic treatment was excessive.
Superior Court of Los Angeles County, Los Angeles, CA

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