Pedestrian Struck at School Crossing as a Result of the at Fault Driver Using His Cell Phone

As a personal injury attorney in Southwest Florida, I meet many interesting people. Unfortunately, many of them are extremely injured when we meet, and my heart always goes out to people injured as the result of someone's negligence.

These disasters can happen anytime and anywhere to anyone. Many times, I get to meet them in the office, but I will gladly go to the Hospital when necessary. In November 2010, I was requested to meet "Jane" and her husband "John" at Lee Memorial Hospital. When I walked into Jane's ICU room at Lee Memorial, John was standing beside Jane's bed, keeping her company.

When I asked Jane what happened, I quickly learned that John was his wife's voice as her entire mouth was completely wired shut as she had just underwent jaw and chin reconstruction for a mandibular fracture. I was advised that Jane would have to eat through a straw until her wires were removed, which wasn't until the end of December. When the wires were removed, I remember Jane was happy that she would be able to enjoy a holiday meal with her family. Also, in addition to her facial injuries, a CT scan of Jane's head revealed a right cerebral contusion and a subdural hematoma. Jane also fractured her left leg. Fortunately, these injuries did not require surgery and healed slowly over time.

After the family retained The Dellutri Law Group, P.A., our investigation revealed that Jane, a pedestrian, was struck in a school crosswalk by a car that failed to yield. She was walking from her children's' school back home when she was struck at 8 am that morning. We learned that the at-fault driver was on his cell phone at the time of the accident. He was so distracted that he failed to notice Jane was walking with a crossing guard that was carrying a stop sign. As a result of his negligence, Jane's head collided with the vehicle's hood, causing her serious life-threatening injuries.

Within six months after the accident, The Dellutri Law Group completed its investigation and aggressively pursued a settlement against the insurance company of the at-fault driver. The result was a multi-six figure confidential settlement for Jane and her family.

It is important to me to mention that when I first met Jane, she was smiling under all those wires and to this day, she is one of the most amazing and positive clients I have met. I learned she was the mother of three, and a wife, and daughter to her own parents. I know her life flashed before her eyes on that November Day.

She made it clear to me that she wanted to quickly heal, resolve this case, and move on with her life and family. I made certain to take her wishes seriously and as I write this blog, I am happy to say that Jane's case is resolved and she is smiling again-without the wires. Jane's positive attitude and supportive family helped turn this tragedy from the nightmare that it was to something that they could handle, overcome and even learn more about each other and grow closer together.

This blog was written by Amanda Downing, Esq. Amanda is a wife, mother, and daughter and a constant crusader against all that is wrong in the world. She oversees the firm's personal injury department and will fight to seek justice for her clients.