Case details

Lack of dedicated bike lane caused accident: bicyclist

SUMMARY

$11000000

Amount

Mediated Settlement

Result type

Not present

Ruling
KEYWORDS
brain, brain damage, brain injury, chest, clavicle, cognition, face, facial bone, fracture, head, impairment, mental, nose, psychological, rib, shoulder, skull, subdural hematoma, traumatic brain injury
FACTS
On Dec. 8, 2018, plaintiff Roberta Walker, an executive director, was bicycling on southbound North Coast Highway 101, in Leucadia. At that location, the roadway did not have a separate bike lane but, instead, had a lane shared by both bicyclists and motorists. It was marked with shared-lane markings called sharrows. The markings are used to alert drivers that bicyclists are allowed to use a full vehicle lane. When Walker was near the intersection with Phoebe Street, in front of the Leucadia post office, she was struck from behind by a pickup truck that was also traveling south on the highway. Walker was ejected from her bicycle, and she landed on the ground a few feet away. Although she was wearing a helmet, Walker sustained to her head and face, as well as to her chest, pelvis and a shoulder. Walker sued the believed owners and operators of the marked roadway, the city of Encinitas, San Diego County and the state of California. Walker alleged that the defendants were liable for the dangerous condition of public property. The county and state were dismissed from the case, and the matter only continued against the city. Walker’s counsel contended there should have been a dedicated bicycle lane, instead of a shared one, at the subject location. Counsel also contended that the sharrow lane had markings and signage that were confusing to drivers as well as bicyclists. The city’s counsel contended that the sharrow lane was designed and constructed in accordance with the California Department of Transportation design standards, the California Manual on Uniform Traffic Control Devices, and approved design plans. Counsel also contended that the sharrow lane was not dangerous or confusing to bicycle riders and that the pickup truck driver was very familiar with the sharrow lane and knew bicyclists could occupy the full lane. In addition, defense counsel contended that Walker rode in the lane before sunrise with no reflective devices on her helmet, bicycle or clothes to make her visible to the pickup truck driver with the exception of one small amber reflector on the edge of each pedal., Even though Walker was wearing a bicycle helmet, she sustained a traumatic brain injury, a subdural hematoma, a skull fracture and facial fractures. She also sustained factures to her back, nine fractured ribs, a fractured clavicle and a fracture to her sacrum. Walker was rendered briefly unconscious, and she was taken to Scripps Memorial Hospital La Jolla, in San Diego, where she was placed into a medically-induced coma. She then underwent emergency surgeries at the hospital to treat her skull fracture. Walker claimed that she is left with cognition deficits and problems with mobility. She also claimed that she will need future medical care.  Walker sought recovery of past and future medical costs, her past and future lost wages and damages for her past and future pain and suffering. Her husband, John-Paul Walker, presented a derivative claim seeking recovery for his loss of consortium.
COURT
Superior Court of San Diego County, Vista, CA

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