Driver Claims Homeless Woman Stuck Her Foot Under Tire To Cause Injury
A driver working for an HVAC company claimed a homeless woman attempted to intentionally injure herself as she was passing through a crosswalk. According to the homeless woman, she was hit by a white work van that was operating at a high rate of speed. Luckily for the homeless woman, a bystander told police that the woman entered the crosswalk first. The police report indicated that the woman had the right of way when the accident occurred.
Nonetheless, that didn’t stop the driver from covering his own butt by claiming that the homeless woman committed fraud. As a result of the accident, the woman’s foot was crushed and she sustained minor abrasions to her arm.
A second claim has been made against the hospital that treated her. According to her attorney, the woman’s foot was wrapped up and she was sent on her way. The attorney believes the hospital just wanted to get rid of her because she was homeless.
In the weeks following, the foot became infected. She was taken back to the hospital where doctors recommended the foot be amputated. The woman pleaded with doctors not to amputate the foot, and eventually, they settled on doing a skin graft to replace the infected tissue. When the woman was found, the tissue was gangrenous and infested with maggots. While the surgery was effective, she has since been diagnosed with complex regional pain syndrome (CRPS) and walks with considerable pain.
Analyzing the claims
There are two possible claims in this situation. The first is against the HVAC company that injured the woman. Her attorney has filed a $10 million lawsuit against them claiming their driver lied about the woman sticking her foot out. A second lawsuit against the hospital is possible for failing the prevailing standard of care. The woman likely sustained much more substantial injuries than they originally reported including crush injuries to the bone.
Luckily for the woman and her attorney, the HVAC company has a commercial policy and substantially deeper pockets than your average commuter. Since the police report and a pedestrian are both backing the woman’s side of the story, it is likely that the HVAC company will move to settle. However, the woman has already incurred $600,000 in medical expenses meaning that the verdict will likely be into the millions.
It’s unlikely that the jury will believe that the woman intentionally tried to injure herself to provoke this chain of events. Homeless people need to be able to walk. If they wanted to be institutionalized or part of the mental health services system, they would be there already as that is the path of least resistance. Homeless people like to travel, be unencumbered by society’s expectations, and live day to day. She cannot do that if she cannot walk.
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Payer Law handles pedestrian accident claims. If you have been struck by a negligent driver, call our Miami personal injury lawyers today to schedule a free consultation and learn more about how we can help.