Beating the blame game

On a sunny April afternoon in Portola Valley, the T-intersection of Indian Crossing and Alpine Road — an intersection the Coopers team is unfortunately familiar with — became the site of a life-altering collision. John Doe, an active 26-year-old cyclist, was riding along Alpine Road, exercising his right of way. Unbeknownst to him, Defendant Driver, 73, a resident intimately familiar with the intersection, failed to stop at the stop sign on Indian Crossing, crashing directly into John Doe’s right side. Defendant Driver later admitted he didn’t even see John Doe until the sound of impact.

The T-intersection of Indian Crossing and Alpine Road

Liability seemed straightforward. California Vehicle Code mandates a stop and yield at that intersection, and there were no visual obstructions. However, the defense attempted to shift blame, arguing John Doe was comparatively at fault for wearing dark clothes and not having a light in daylight. Our counter? While his clothes might have been dark, he was wearing a bright, neon yellow helmet — a detail the defense conveniently overlooked but we were ready to highlight to any jury.

The true battle lay in the injuries. John Doe experienced immediate right knee pain after the crash, but the waters became murkier with his lower back pain, which didn’t fully manifest until a few months later. Complicating matters, John Doe had a history of both lower back and right knee issues, including physical therapy for his back just months before the incident. Defense counsel relentlessly harped on these pre-existing conditions and a period where John Doe reported his knee feeling better after initial physical therapy.

Our strategy was clear: leverage John Doe’s treating physicians. While medical records sometimes ambiguously described his right meniscal tear as “degenerative vs. acute,” his doctors unequivocally concluded that the crash was a substantial contributing factor to both his knee and lower back pain and subsequent injuries. We emphasized that our client was “unusually susceptible,” and the incident aggravated his pre-existing conditions, which is fully compensable under California law. It was crucial to demonstrate that we didn’t need to prove the crash was the sole cause — only a significant one. The defense knew their hired orthopedic surgeon would struggle to overcome the consistent opinions of John Doe’s long-term treating doctors.

Incidents aggravating pre-existing conditions are fully compensable under California law.

John Doe’s journey since the incident has been arduous. He endured two right knee surgeries and extensive physical therapy. His injuries led to lateral compartment arthritis, requiring future treatments including a potential knee replacement. His lower back pain, stemming from an L3 transverse process fracture and aggravated disc bulges, continues to haunt him daily, impacting his ability to sit, stand, walk, and lift. Once active in sports and outdoor activities, he now moves with caution, struggling with weight gain and the emotional toll of his physical limitations, leading to depression and anxiety requiring ongoing therapy.

Through diligent advocacy and a compelling presentation of John Doe’s extensive damages — including over $75,000 in past medical expenses and an estimated $1.6 million in future medical needs — the Coopers team secured a successful resolution. The firm’s strategic focus on the treating physicians’ testimony and the clear aggravation of pre-existing conditions proved decisive. The case ultimately resulted in a settlement of $775,000 from the defendant.

Prosecuting attorneys: Robert Igleheart, Maryanne Cooper, Miles Cooper of Coopers LLP.

Have you been injured due to someone else’s negligence? If you or a loved one has been involved in an accident resulting in serious injury or wrongful death, Coopers LLP is here to help. Contact our experienced personal injury attorneys today for a free consultation. (415) 434-2111 | hello@coopers.law