My question involves an injury that occurred in the state of:My question involves an injury that occurred in the state of: California
I was a pedestrian on a Friday afternoon at 3:00pm at Auburn Folsom and Greenback Lane in Folsom.
I was as the police report said 160 ft from the intersection and crosswalk. I didn't measure it but I was directly across the street from the driveway of Chevron on Greenback. I waited for the last car to turn from Auburn Folsom in front of me before I started across the street. I figured after the last car turned off of Auburn Folsom then both directions would get the green light and i would have a minute or so to cross the street. Where I crossed the two lanes in front of me were empty then I reached a little island made sure it was still safe then headed across to the other side of the street. When I crossed the cars were 5-6 cars deep waiting at the red light and a few more after I started across. When I got to the last lane which was the right hand turn lane I was struck by a car and launched into the air about 10 feet before landing and bouncing off the drivers windshield and hitting the pavement, again right in the middle of the driveway going into Chevron off of Greenback right before Auburn Folsom Rd. I don't remember anything after I stopped on the little island after I crossed the first two empty lanes. A witness told me what happened when I got hit. I was asked by the officer if I remembered anything and said I did not. I was barely just coming to after losing conscience. I remember being on my back and just coming in and out of conscience telling the medic I had family down at the river across the street. Then I was taken to the Hospital. I got the police report and the officer wrote I was completely at fault for jaywalking yet he didn't site me. There were 2 witnesses that stated I was running across the street and there was no way for the driver to have avoided the accident. And that was the extent of the report. The driver stated she was doing 35 mph., which is the posted limit however I would not think 160 feet away from the corner your about to turn and next to 2 lanes of 6-8 cars deep waiting at a red light. I am assuming that since I waited for the last car to turn off of Auburn Folsom before I started to cross that the driver was gunning for the green light about to turn red if it had not already. The driver came off of the Folsom Bridge and within seconds has a view of the entire situation I just explained with me being over on the left side of the street with big wide rim sun hat and big sunglasses with bright clothing starting across the street. Had she been paying attention she would have seen me and I feel could have avoided the accident all together, or had she been taking exercising due care and seen the two lanes 6-8 cars deep stopped at a red light she would have slowed down not sped up to dart into the right hand turn lane when it became available and stepped on the gas to make the right turn before Auburn Folsom had gotten their green light. There were skid marks about 15 feet long..and the cop did not measure them or take any other information to determine whether there was fault on both sides. The witnesses who where friends and in the same car told me she was going a bit fast and that she had a cell phone in her hand when he looked over after she hit me. But non of that made it in the police report. The witness said he wished he had thought about it for a minute before answering the officer because he had not put it all together right away. So in the end I couldn't get an Attorney to represent me because of the statements made by the officer and witnesses. My bills were over 200k and I am having a lot of residual problems, even more now then when it happened. After scar tissue has set in, I have a lot of limitations and still healing. My kids are 11 and 13 and I was in great shape when it happened and now I can hardly do what I used to. I have suffered greatly as well as my family and the 2 year mark is up in a couple of weeks .....The insurance co..Allstate denied my claim and said I was jaywalking and crossed when it was unsafe to do so. Can I still get help to get something for my pain and suffering and future medical costs. ????
You can google the cross streets and see exactly where I was and how the traffic was it shows similar situation on google earth.
I was a pedestrian on a Friday afternoon at 3:00pm at Auburn Folsom and Greenback Lane in Folsom.
I was as the police report said 160 ft from the intersection and crosswalk. I didn't measure it but I was directly across the street from the driveway of Chevron on Greenback. I waited for the last car to turn from Auburn Folsom in front of me before I started across the street. I figured after the last car turned off of Auburn Folsom then both directions would get the green light and i would have a minute or so to cross the street. Where I crossed the two lanes in front of me were empty then I reached a little island made sure it was still safe then headed across to the other side of the street. When I crossed the cars were 5-6 cars deep waiting at the red light and a few more after I started across. When I got to the last lane which was the right hand turn lane I was struck by a car and launched into the air about 10 feet before landing and bouncing off the drivers windshield and hitting the pavement, again right in the middle of the driveway going into Chevron off of Greenback right before Auburn Folsom Rd. I don't remember anything after I stopped on the little island after I crossed the first two empty lanes. A witness told me what happened when I got hit. I was asked by the officer if I remembered anything and said I did not. I was barely just coming to after losing conscience. I remember being on my back and just coming in and out of conscience telling the medic I had family down at the river across the street. Then I was taken to the Hospital. I got the police report and the officer wrote I was completely at fault for jaywalking yet he didn't site me. There were 2 witnesses that stated I was running across the street and there was no way for the driver to have avoided the accident. And that was the extent of the report. The driver stated she was doing 35 mph., which is the posted limit however I would not think 160 feet away from the corner your about to turn and next to 2 lanes of 6-8 cars deep waiting at a red light. I am assuming that since I waited for the last car to turn off of Auburn Folsom before I started to cross that the driver was gunning for the green light about to turn red if it had not already. The driver came off of the Folsom Bridge and within seconds has a view of the entire situation I just explained with me being over on the left side of the street with big wide rim sun hat and big sunglasses with bright clothing starting across the street. Had she been paying attention she would have seen me and I feel could have avoided the accident all together, or had she been taking exercising due care and seen the two lanes 6-8 cars deep stopped at a red light she would have slowed down not sped up to dart into the right hand turn lane when it became available and stepped on the gas to make the right turn before Auburn Folsom had gotten their green light. There were skid marks about 15 feet long..and the cop did not measure them or take any other information to determine whether there was fault on both sides. The witnesses who where friends and in the same car told me she was going a bit fast and that she had a cell phone in her hand when he looked over after she hit me. But non of that made it in the police report. The witness said he wished he had thought about it for a minute before answering the officer because he had not put it all together right away. So in the end I couldn't get an Attorney to represent me because of the statements made by the officer and witnesses. My bills were over 200k and I am having a lot of residual problems, even more now then when it happened. After scar tissue has set in, I have a lot of limitations and still healing. My kids are 11 and 13 and I was in great shape when it happened and now I can hardly do what I used to. I have suffered greatly as well as my family and the 2 year mark is up in a couple of weeks .....The insurance co..Allstate denied my claim and said I was jaywalking and crossed when it was unsafe to do so. Can I still get help to get something for my pain and suffering and future medical costs. ????
You can google the cross streets and see exactly where I was and how the traffic was it shows similar situation on google earth.
Traffic Accidents: Pedestrian Hit by Car Traveling Too Fast Driver on the Phone Pedestrian J Walking
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