David Wheeler, 47 was riding his bike across San Francisco’s Lower Great Highway when bus driver, Roy Timmons made a left turn without signaling or stopping at the stop sign. Wheeler was struck and thrown off his bicycle, causing him to hit his head on the asphalt where he sustained a traumatic brain injury that left him with the mental capacity of a child. (Wheeler v. City and County of San Francisco)
The city and county, which owns the bus and employs Timmons, argued that Wheeler was not wearing a helmet and that he was riding his bike at night without a headlight, in violation of California state law. However, surveillance video showed that Timmons failed to stop at the intersection, which means that he would have hit Wheeler regardless. Consequently, the jury awarded Wheeler $5.36 million.
If you have been injured in an accident caused by someone else’s negligence, please give my office, The Law Offices of Todd M. Friedman a call at (877) 449-8898 for a free consultation.