Attorney David Rosenthal, of Rosenthal Law, secured a 13.5-million-dollar settlement for a bicyclist who was struck by a California State vehicle, when the State employee who was driving the vehicle became distracted behind the wheel. Initially, the details of the incident appeared to be unclear; the police report stated that the point of impact was within the roadway’s lane of travel and found the cyclist at fault for leaving the bike lane. However, the physical and testimonial evidence was compiled to create an animated reconstruction of the incident, which placed the point of impact near the line dividing the traffic lane from the bike lane. The reconstruction illustrated that the driver of the van was distracted by the traffic on his left side at the time of impact, and explained that 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. 

David Rosenthal represented the Plaintiff, who sustained a number of injuries - including a severe traumatic brain injury with a right-sided hematoma, severe cerebral edema, and a complex scalp laceration over the right parietal area. He was found 87.7 feet from the point of impact, near a pool of blood. Attorney Rosenthal worked with DK Global to create the visual exhibits, demonstrating the State employee’s liability in the incident, as well as the surgical procedure needed to evacuate the hematoma.

Utilizing Courtroom Visuals for Storytelling

The animated reconstruction of the incident shows the bike rider on the righthand side of the road, well within 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 plaintiff to move toward the edge of the roadway. At the same time, a deviation in the fog-line narrows the lane, and the Defendant is seen looking over his left shoulder just before he hits the bicyclist. The animation continues, showing the Defendant’s viewpoint, followed by stills of the biker during the collision which caused him traumatic brain damage.

David Rosenthal also requested a surgical presentation to depict 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.

Attorney David Rosenthal of Rosenthal Law has 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, David Rosenthal has been exclusively representing clients who have been badly injured by the carelessness and neglect of others in Roseville, Sacramento, and throughout the surrounding California communities.