Bicycle vs. Bus Accident
Our client, a 36 year old female from a foreign country was riding her bicycle on a street in Los Angeles when she was struck by an MTA bus. According to the Police Report and "investigation" by the Los Angeles Police Department, our client was found to be the sole cause of the accident for violating Vehicle Code 21202 (a bicyclist shall ride as close as practicable to the right hand curb) and swerving into the path of the bus.

Jay A. Kaplan, founding partner of the Kaplan Law Corporation, conducted extensive discovery in this case including taking the deposition of the MTA bus driver involved in the accident. At the driver's deposition, Mr. Kaplan was able to elicit testimony that the driver was a recent hire with a history of medical problems, traffic violations and collisions during training as well as having told several different versions of how he claimed the accident occurred.

Our office was also able to retain various safety experts who documented that the defendant's driver violated several of MTA's various rules, regulations, standard operating procedures, as well as certain California Vehicle Codes violations which were the proximate cause of the accident.

The Plaintiff suffered several painful injuries as a result of being struck by the bus, including but not limited to a pelvic fracture, fracture of the left hip joint, sacral fracture as well as various hematomas and abscesses. As a result of these injuries, she spent approximately two months at Cedars-Sinai Medical Center in Los Angeles.

Additionally, the Plaintiff lost approximately $15,000.00 in earnings before successfully returning to her job.

The case was recently settled for $3,000.000.00

The following is a description of a wide range of factual scenarios and injuries concerning recent cases handled by Kaplan Law Corporation. Most of the injuries involved in following cases were not either career ending or "life threatening" nature. However, the effects of these injuries are no less devastating to those who experience them and difficult on the families of these injured railroaders while they are undergoing medical treatment and recuperation.

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A Union Pacific Water Service Supervisor with well over twenty years of service suffered a back sprain after lifting a heavy air conditioner unit. The plaintiff's medical records stated that the injury occurred at his home. Additionally the records contained years of treatment for his back which was not connected to the accident at the railroad. The defendant railroad took the position that plaintiff's back problems were caused entirely by inherited degenerative arthritis and that lifting air conditioning units were a normal part of his work duties. No back surgery.

Settlement: $450,000 plus payment of all past medical bills and allowance for future medical bills.

A conductor was struck by a truck traveling approximately 5 miles per hour. The worker fell in a twisting motion but did not hit the ground. The injured Railroader suffered a back sprain and had a tear to his knee ligament which required arthroscopic surgery. After returning to work for some time, the back pain worsened. Eventually he needed back surgery. The railroad's position was that the minor impact with the truck could not have possibly caused the knee injury much less the back pain or resultant surgery. The railroad further contended that he would have had to have back surgery eventually and that the injuries he suffered were a result of playing sports. Settlement: $400,000 and payment of all medical bills.

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A Conductor was operating a train through a tunnel. The train broke in two and she had to walk back to the back of the train and fix the problem. The Plaintiff suffered immediate shortness of breath and wheeziness. She missed less than 20 days from work and was able to return to full duty without restriction. The railroad contended that her physical complaints were not job related. Settlement: $25,000.

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A 55 year old able bodied seaman suffered a back strain while assisting in lifting a wheel chair from the vessel to dock. As a result of his injuries, he intermittently lost some time from work. There was no surgery. Additionally, he had a series of non-accident related problems. The Client was able to continue to obtain work as an able bodied seaman.

Settlement: $100,000.00 and payment of all medical bills.