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$13.5 Million Settlement for Bicyclist Hit by State Vehicle Resulting in TBI

Attorney David Rosenthal Utilizes Animation to Demonstrate His Client Was Not At Fault

Attorney David Rosenthal of Rosenthal & Kreeger, LLP represented a bicyclist hit by a state vehicle while riding in a bike lane along a busy Sacramento street. The police report placed the point of impact within the roadway lane of travel and found the bicyclist at fault for leaving the bike lane. The physical and testimonial evidence led to a reconstruction animation that placed the point of impact near the line dividing the traffic lane from the bike lane and showed that the driver of the van was focused on traffic to his left at the time of impact. The animation also explained the cyclist’s abrupt maneuver was due to the County of Sacramento’s failure to maintain a tree’s branches from obstructing the bike lane.

The Plaintiff bicyclist was not wearing a helmet. He was found 87.7 feet from the point of impact near a pool of blood and sustained a severe traumatic brain injury with a right-sided hematoma, severe cerebral edema, and a complex scalp laceration over the right parietal area. Attorney Rosenthal reached out to DK Global to create a legal animation that demonstrated the impact and a surgical presentation of the medical procedure needed to evacuate the hematoma.

Utilizing courtroom visuals for storytelling

The presentation begins with a reconstruction animation showing the bike rider on the right-hand side of the road in the designated bike lane. The state vehicle is then seen traveling eastbound, giving the viewer a bird's eye view of the incident. The 3D animation highlights the overgrown tree branches that cause the bike rider to move towards the roadway edge. At the same time, a deviation in the fog-line narrows the lane. Right before the incident, the Defendant is seen looking over his left shoulder before he hits the bicyclist. The animation continues, showing the viewpoint from the Defendant, followed by stills of the biker as he gets hit by the vehicle leading to the traumatic brain injury.

To go with the injury animation, attorney David Rosenthal also requested a surgical presentation depicting the emergency right frontal craniotomy and evacuation of the acute subdural hematoma. After receiving the reconstruction animation and damages presentation, the defendants settled the case for a combined $13.5 million one week before trial.

The lawyers at Rosenthal & Kreeger LLP have a long track record of excellence in obtaining superior results for injured clients through prelawsuit settlements, litigation, arbitrations, mediations, and jury trials. For over 25 years Rosenthal & Kreeger LLP has been exclusively representing clients who have been badly injured by the carelessness and neglect of others in Roseville and Sacramento and throughout the surrounding California communities.

 

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"Animations can support you in replaying an incident, establishing the facts, and accurately determining who should be held liable."

Michael Caldwell, Founder & CEO


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