Kalka & Baer Recovers Policy Limits of $100,000.00 for Pedestrian Charged with Jaywalking

Early one morning in October of 2016, while it was still dark, our client attempted to cross a state highway in order to get some milk for his baby daughter. He was hit by an oncoming driver. His head struck the windshield of the car causing him to flip in the air and land on his back. Fortunately, he lived; however, in addition to a head injury, he suffered multiple compression fractures in his lower spine as well as an abdominal injury necessity surgery.

Based on an eyewitness at the scene who said our client darted out in front of the driver, officers charged our client with jaywalking.

Attorney Bryan Baer at Kalka & Baer investigated further. We discovered that the eyewitness who spoke to the police was friends with the driver and may have a bias. We tracked down another witness who saw the driver speeding shortly before the wreck. We performed a scene analysis which showed the driver would have had a clear view of our client based on lighting from the nearby shopping center.

Accordingly, the insurer for the driver agreed to pay its policy limits of $100,000.00, obtaining the most money available for our client.

Kalka & Baer’s client is recovering from his injuries and was able to return back to work.