Our client was riding his bicycle home from work at night and was struck from behind. He did not have a light on his bike or person and allegedly only had reflectors on his bike pedals. He was wearing dark clothing as well, which was why the insurance company for the driver that hit him denied the case.
Attorney Todd Korb filed suit and hired a conspicuity expert to look at ambient light and determined fogged over old improperly maintained headlights of the driver, as well as inattentiveness of the driver caused the accident as the bicyclist should have been visible with sufficient time to avoid the accident.
The case was settled at mediation for $300,000 as our client recovered from a head injury with internal hemorrhage.