Our client v. Truck driver:

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Our client v. Truck driver:

Our client v. Truck driver:

$500,000 settlement for the wrongful death of a 55 year old divorced man from Moraga, California. Plaintiff was riding his bicycle with a group of other cyclists around San Pablo Reservoir just north of Orinda, California. He was riding on the white line separating a two lane roadway from the shoulder. There was no designated bike lane although the shoulder was quite wide. A large pick up truck passed him and got so close to him that it bumped his body or his bicycle causing him to go out of control when he was traveling downhill at approximately 35MPH. Plaintiff was an accomplished cyclist who had recently completed The Death Ride in the Sierras and was wearing a helmet and cycling gloves. Plaintiff was unable to recover and went down hard on the pavement hitting his head and damaging his helmet. He was rushed from the scene, never regained consciousness and died the next day of massive head injuries. The defendant driver denied that he came near the cyclist and claimed that he did not even know there had been an accident until one of the other riders sprinted ahead and yelled at him to stop. The defendant only had $100,000 in liability coverage which plaintiff collected after considerable discovery and dispute after the matter was mediated. Fortunately plaintiff had a $500,000 underinsured motorist policy and plaintiff’s son was able to collect $400,000 on it making the total recovery $500,000.

Jeffrey R. Smith

Jeffrey R. Smith

Managing Partner

Robert B. Waldsmith

Robert J. Waldsmith

Partner, 1999

William B. Smith

William B. Smith

Partner, 1978

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Core Practice Areas

Motor

Vehicle Accidents

There are two things to establish in any motor vehicle accident case: the cause of the accident (fault) and the full cost of the injuries and losses. As we prepare your case, we will investigate both of these.

Cata-
strophic

& Serious Injuries

People suffering from a brain injury, spinal cord injury or other severe injury will require extensive medical treatment, rehabilitative therapy and other long-term care.

Sexual

Abuse & Molestation

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Sports

injuries

Claims related to sports and recreation injuries can be complicated. These cases often include issues involving waivers and the “assumption of risk” defense.

Brain

& Spine Injuries

When you or a loved one suffers a traumatic brain injury (TBI), life changes dramatically. Even mild TBIs can lead to years of recovery and rehabilitation.

Other

Practice areas

The personal injury attorneys at the law firm of Abramson Smith Waldsmith LLP have more than 100 years of combined experience guiding clients through the legal process.

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