Case details

Bicyclist claimed driver’s sudden actions caused crash





Result type

Not present

cervical disc injury, closed head injury, head, neck, whiplash
On March 1, 2009, at approximately 4 p.m., the plaintiff, a teacher, was riding her bicycle in the designated bike lane of southbound Marguerite Parkway in Mission Viejo when she collided with a vehicle that was occupying the bike lane. As a result, the bicyclist was dislodged from her bike and she claimed to her head and neck. The bicyclist sued the driver of the vehicle that was occupying the bike lane. The bicyclist alleged that the driver was negligent in the operation of his vehicle. Specifically, she claimed that the driver suddenly and negligently turned his car in front of her in the bike lane, cutting her off and causing the collision. The bicyclist also claimed that the driver was negligent for stopping in a bike lane and impeding traffic in violation of Vehicle Code § 21211. The driver claimed that there was a vehicle backing up from a parking lot that impeded his ability to maneuver his vehicle. He also claimed that the bicyclist was responsible for the collision, in that the bicyclist was not paying attention and had ample room to clear his vehicle., The bicyclist was rendered unconscious from the accident and was subsequently taken by ambulance to an emergency room. She claimed she suffered a closed head injury and strains and sprains/whiplash of her neck, as well as body abrasions. After initially being hospitalized, she followed up with a few months of physical therapy. The bicyclist claimed she has fully healed from her , having experienced a good recovery, with no current need for future medical treatment. Thus, she sought recovery of damages, including $66,175.51 in past medical costs and an unspecified amount for her past pain and suffering. The bicyclist’s husband presented a derivative claim, seeking recovery of damages for his loss of consortium. Defense counsel disputed the nature and extent of the bicyclist’s .
Superior Court of Orange County, Santa Ana, CA

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