The eighth day of trial, attorneys Daniel S. Weinstock and Carolyn M. Chopko secured a $6 million settlement on behalf of a man who was paralyzed in a bicycle accident involving a pick up truck. The truck was being operated by an employee of WaWa, Inc., who was acting in the course and scope of her duties at the time.
The accident occurred when the plaintiff, Mr. Stephen Collins, passed two stopped vehicles on his left, traveling about 12.5 miles per hour northbound on the shoulder of Route 309 in Horsham. As Mr. Collins was passing the stopped vehicles, the WaWa driver made a left-hand turn in front of him, leaving him with insufficient time to stop his bike in order to avoid striking the side of the truck.
During trial, attorneys Weinstock and Chopko asserted that, under the Pennsylvania Motor Vehicle Code, the WaWa driver was required to yield the right of way to Mr. Collins because she was making a left-hand turn. However, from the accident reconstruction and the drawings of the accident scene, it was clear that the WaWa driver’s view of Mr. Collins was completely obscured by the vehicles Mr. Collins was passing. All of the eye witnesses and the investigating officer felt the bicyclist’s contact was the primary cause of the accident.
Nonethless, attorneys Weinstock and Chopko were able to attain a $6 million settlement for Mr. Collins, which is projected to be more than sufficient to ensure his medical and related care needs will be taken care of for the rest of his life.