On his way to school, Adam biked across the crosswalk trying to enter school property. Defendant, the mother of another high school student, had just dropped off her child and made an unsafe right turn, knocking Adam off his bicycle.

Defendant broke Adam’s ankle. He suffered a triplane fracture to his left ankle and was unable to walk. Defendant, who said she was a nurse, told Adam he was fine and suggested they all go to Chick-fil-A. She was in a hurry. Adam’s mother came and immediately took her son to Hoag Urgent Care. He was diagnosed with a Salter-Harris type II physeal fracture of the distal end of his left tibia.

This type of fracture can involve the growth plate and almost exclusively occurs in adolescents. Surgery was not needed. Adam was placed in a walking boot and received physical therapy and manipulation with a local chiropractor.

Defendant blamed Adam, claiming he contributed to his own accident. However, we were able to prove Adam complied with every rule expected of a pedestrian or bicyclist. He stopped at the corner, pressed the crosswalk button, waited for the pedestrian signal, and only entered the crosswalk once the light turned to the “WALK” symbol. He was fully within the marked crosswalk when defendant turned her vehicle into him. Adam’s account was verified by witnesses. The law is clear: pedestrians and bicyclists have the right of way in a marked crosswalk.

Defendant had a major credibility problem. She had lost her nursing license 10 years earlier for misappropriating drugs and falsifying medical charts. She changed her story on how the accident occurred. Most damning: at her deposition, she admitted she did not see the moment of impact and “doesn’t really know who hit who,” despite telling the police that Adam ran into her car.

Adam’s total medical bills were $35,678.92, which included about $18,000 for ER exams and care. The balance was MRIs, PT, and chiropractic.

On the eve of trial, the case settled for $250,000. Defendant’s initial offer was $8,600, forcing this case into litigation.

The good news: Adam’s bone healed properly and he is now playing volleyball for his high school and his club team.

PRO TIPS

• Trust your patient’s version of the accident — but verify. Good attorneys interview all witnesses in a disputed case.
• Chiropractors are excellent for PT and manipulation in these injuries.
• Anyone who is licensed for anything in California will have a public record if they’ve had license problems. Easy to check.