Pedestrian Accident Case Results
We think results speak louder than words and just a few examples of our results in pedestrian cases, include:
In 2004, Arash Homampour obtained a $37.5 million verdict from a San Bernardino jury in a case against the City of Fontana for the wrongful death of pedestrian Karen Medina (a 14 year old girl) by two divorced parents who testified through a Spanish interpreter at trial. It was an extremely difficult liability case where an unlicensed minor driver was speeding at 70mph down a residential street and lost control of his car striking a young girl walking in the road home from school.
Arash was able to convince the jury that the young girl died, in part, because the City did not do its job to install sidewalks so that students could walk home safely from school. Also, Arash effectively shifted the jury's obvious focus on the unlicensed driver to the City's role and failure to protect student pedestrians. The jury allocated 75% to the city, 25% to the minor's parents and nothing to the minor driver.
The trial court ordered a new trial on excessive damages and apportionment. Defendant City unsuccessfully appealed the finding of liability and causation. Arash retried the case in 2008 and obtained a $15 million verdict which was kept as the trial court denied a second motion for new trial on the ground of excessive damages. More details on this verdict can be found here.
In 2007, Arash Homampour settled a very tough liability bus versus pedestrian case for $5.75 million. This provided enough resources for Plaintiff, a 53 year old mother, to move out of the nursing home she had been in for the last 3 years and to move in with her daughter where she could get the loving, care and attention she desperately wanted and needed.
Plaintiff, a pedestrian, had no recollection of the event but witnesses confirmed that she attempted to cross the street against two red lights - a traffic signal and pedestrian signal. As she was in the cross-walk, she was struck by a Defendant LACMTA bus. Again, the investigating officers cited Plaintiff as the primary collision factor. But, through aggressive efforts it was determined that there were actually three signals facing Plaintiff with the third signal improperly rotated 90 degrees facing Plaintiff.
It was inferred that Plaintiff walked against the pedestrian red because she saw the green Northbound Tri-light signal. While the LACMTA bus had the right of way, Arash established that the bus driver had enough time to avoid hitting Plaintiff. He also established that the rotated traffic signal was defective because it rotated when it should not have. He also established a dangerous condition of public property in that the City knew that at certain corners the turning radii was too narrow, the traffic poles were mounted too close to the curb and the signals were improperly mounted to the pole allowing turning trucks to strike and rotate the signals.
He took over 15 depositions and established that the City knew about the problem for years and could have fixed it in 30 minutes by remounting the signals.
In a very difficult liability case, plaintiff minors and their mother were pedestrians crossing the street mid-block to get to their home when they were struck by the defendant driving a work truck. The minors suffered minor injuries which they recovered from but their mother died as a result of the collision. The defense contended that our clients and their mother crossed a very busy street mid-block and outside of a marked crosswalk and failed to yield to oncoming traffic in violation of multiple Vehicle Code sections and were thus exclusively at fault for the incident. The defense also claimed that the driver would not have been able to see our clients in the roadway in time to avoid the collision because it was night time and our clients were wearing dark clothing. The police had determined that even knowing the exact positioning of the pedestrians in the roadway, the defendant driver would not have been able to avoid the collision and cited the decedent as the cause of the collision.
Undeterred by the police findings and difficult facts on liability, through dogged investigation and using the most advanced human factors and accident reconstruction methods, the Homampour team was able to locate and obtain testimony from favorable witnesses and then show that the defendant driver had accelerated when passing a vehicle which had stopped in the roadway to allow the pedestrians to cross the street and the driver would have had sufficient time to see and stop for the pedestrians had he not been traveling at an unsafe speed and failed to exercise due care.
Although the Homampour team was able to secure a sizeable settlement for our clients to fund their future education and needs, it will never replace the loss of their loving mother.
In March 2017, Attorneys Arash Homampour and Scott Boyer settled a challenging liability Premise Liability case for $4.35 million. The case initially appeared to be an ordinary but tragic Motor Vehicle versus Pedestrian accident. The Plaintiff, a 36 year old student, was riding his skateboard on an access road of a school when he was struck by a car causing horrific injuries: near amputation of his right arm with resultant reattachment surgery, finger amputation, multiple other surgeries, post-traumatic stress disorder and severe emotional distress.
Another law firm sought out the Homampour team to help with the case and a premise liability claim was brought against the school for maintaining an unsafe premises. We contended that the school negligently designed and constructed a trash bin enclosure so that it obstructed the view for students entering the access road from the walkway ramp and vehicles traveling down the access road. We established that defendant school should have been aware through reasonable inspections of the dangerous condition created by the obstruction and failed to take any corrective action or warn of the dangers.
Defendant school fought back arguing that the location was safe, there was no ordinance requiring a crosswalk or warning sign in the access road and there had been no similar accidents in the area since the trash bin enclosure was constructed in 2003. Defendant school contended that plaintiff was exclusively (or comparatively) at fault for the incident by knowingly riding his skateboard down a ramp, in violation of school policy, into a known parking lot/access road area without first determining whether there was any danger from oncoming traffic. Defendant also contended that the other driver was responsible for failing to keep a proper look out. Defendants also contended that the trash bin enclosure was open and obvious and the absence of any prior similar accidents evidenced the alleged configuration did not constitute a dangerous condition. Plaintiff had both driven and ridden his skateboard in the access road numerous times before the incident.
Despite these challenges and through aggressive and creative lawyering, the Homampour Team was able to obtain this phenomenal result for this client.
In May 2017 Attorneys Arash Homampour & Scott Boyer successfully settled an Auto versus Pedestrian case for $1.875 million for the failure of a driver to yield to a pedestrian. The Plaintiff, a grandmother of three, had a job and life that she loved. Prior to the incident, she was active and enjoyed the housekeeping job that she had had for many years. However, all of that changed when she was struck by the Defendant's vehicle while she was using the cross-walk to cross the intersection of Manhattan Beach Blvd and Pacific Ave. in the City of Manhattan Beach. The plaintiff was hospitalized from injuries caused from the auto striking her as she crossed the street within a lined crosswalk.
The Homampour team were able to deduce that the Defendant, who was driving to a work-related event at the time of the accident, made an unsafe left turn and did not yield to the Plaintiff in the marked crosswalk, thus resulting in the favorable settlement for the plaintiff of $1.875 million. The team also contended that the Defendant’s employer was vicariously liable since she was heading to a work event.
In 2010, Arash Homampour settled a difficult liability car versus pedestrian wrongful death case for $1.6 million where decedent was 83 years old and witnesses confirmed that she had crossed the street outside of the crosswalk.
No matter the extent of the injury, we are prepared to fight for your claim. Our attorneys immediately begin building your case, preserving and examining evidence for the strongest claim possible. We are accomplished trial lawyers who will take all necessary steps to obtain fair and full compensation for your injuries.
To talk to one of our Los Angeles pedestrian accident lawyers, call 323-658-8077. Or, if you prefer, send us an email by clicking on the red button below.
Initial consultations are free and our multilingual staff speaks Spanish, Farsi and Armenian.
We take cases on a contingency — which means there is no fee if there is no recovery.
We also can handle complex cases via attorney referral.