$34 million award believed to be largest below-the-knee amputation verdict in California.
On December 7, 2012, 19-year-old Alan Casillas was riding his bicycle to a friend’s house when an encounter with a negligent truck driver changed his life forever. As Casillas was waiting for his turn to proceed across an intersection, a driver for Landstar Ranger took a turn without adequate clearance, causing the truck’s 55-foot trailer to drive over the sidewalk, knocking Casillas to the ground and crushing his leg. Casillas suffered such severe injury that his leg had to be amputated below the knee.
Now, years later, the case has finally been concluded in Casillas’ favor. A California jury awarded the now 21-year-old Casillas $34 million in damages, an amount believed to be the largest below-the-knee amputation verdict ever issued in the state.
Why the Case Went to Court
Landstar Ranger admitted liability for the accident, but as the two parties were unable to agree on an appropriate settlement the case went to court. The defense somewhat callously argued that Casillas was partly at fault for his own injuries because he had been using his cell phone at the time of the accident. They argued that had he been paying attention, he could have gotten out of the way of the truck.
Fortunately, the court did not appear to give any credence to this argument. After all, a person does have a reasonable expectation of safety while waiting on the curb and it was by no means inappropriate for Casillas to use his phone.
Why Casillas Secured Such a Large Settlement
There are several factors that likely contributed to Casillas securing such a large settlement for his below-the-knee amputation.
First of all, there is the fact that Casillas was not your average 19-year-old teenager. Already a husband and father, he had dropped out of school to support his family as a skilled construction worker. His bicycle accident injury settlement included over $730,000 for past and future lost injuries.
Secondly, there was the severity of the injury and the related pain and suffering. Casillas was conscious after the accident and could see the bone sticking out of his crushed leg. He also had to endure the uncertainty and suffering during the period when he lost feeling in his lower leg and the doctors eventually decided to operate. Two prosthetics have proven too painful to wear and now Casillas must get around on crutches or in a wheelchair which makes it difficult for him to care for his young daughter.
Finally, there was the fact that Casillas had significant medical expenses, and will continue to have special expenses for the rest of his life. Nearly $6 million of his settlement was awarded as compensation for past and future medical costs.
Do You Need Advice about a Bicycle Accident Injury?
If you have been injured in a bicycle accident and you think you may be entitled to compensation, contact experienced bicycle accident injury attorney Michael A. Kahn for a free initial consultation.
