Sacramento Wheelchair Accident Settled for $300,000
A Southern California woman received a settlement of $300,000 by the city of Sacramento after a wheelchair accident she suffered during February 2014. According to the complaint that was filed, the city was in violation of state and ADA regulations with regard to those with mobility issues. Under the Americans With Disabilities Act, safety and access standards for the disabled are mandated. The suit alleged that the city was not in compliance with the law.
How the Accident Happened
Cynthia DeJesus Gstettenbauer, a Southern California resident, said that she was going down the walk in her wheelchair along J Street where it intersects with 15th Street on this date. As she tried to go up onto the curb, her wheelchair footplate became wedged between a curb pad and the curb itself. Because the wheelchair was suddenly stopped, she was tossed out. Landing on her side with her ankle underneath her from her wheelchair accident, she suffered injuries from the fall.
Injuries in the Accident
The complaint stated that there were no signs warning of the danger and no other path the woman could have taken. According to the complaint, the woman had to have surgery on her ankle. In addition, she suffered injury to her left knee, and there was damage to her wheelchair.
Initial Complaint Denied
The injured woman filed the lawsuit in federal court in March 2015 about her wheelchair accident. The complaint stated that the city had denied her claim for personal injury damages caused by the incident. City officials declined to make a statement about the matter.
Rights of the Disabled
A number of federal and state laws protect the rights of the disabled to have access to public services and places. This includes the ability to get around the city on public sidewalks and have access to stores, hotels, restaurants, and other buildings. However, access to services and places are expected to be safe from harm. No disabled person should go out in public and have to worry about whether they will reach their destination safely or be involved in a wheelchair accident. A seasoned personal injury lawyer with experience in these types of accidents can help you obtain compensation if you become injured through negligence. Some of the ways a disabled person can be injured include:
- Drivers who run a red light or stop sign at an intersection
- Motorists who do not check behind them when backing out of a driveway
- Dangerous sidewalks or ramps, including ramp areas that are too steep, can lead to a wheelchair accident
- Speeders who are unable to stop when approaching someone who is disabled
- Distracted drivers who are not paying attention to the road ahead
- Those who do not yield the right of way to pedestrians or those who are disabled or elderly
Placing a claim against a government entity for compensation following an injury is a bit different from other personal injuries. It involves first notifying the appropriate agency and waiting to see whether there is a response. If the agency denies your claim or does not respond, then you have a right to take the case to civil court. The time limit to file a case against a government entity is much shorter also. An attorney who is experienced in wheelchair accidents or those involving the disabled can ensure your claim is filed in time. The lawyer can help you get the compensation you need to pay your medical bills, lost wages, and for your pain and suffering.
Sacramento Personal Injury Lawyer
I’m Ed Smith, a Sacramento personal injury lawyer. No one should have to pay for injuries that were caused by another person or entity. If you were injured through negligence, call me at (916) 921-6400 for my free and friendly advice. I can also be reached at (800) 404-5400 or through my contact form online.
I have helped many Sacramento residents obtain fair compensation for their injuries during my 37 years as an injury lawyer. Whether your injury is from a car accident, motorcycle collision, or you have suffered a wrongful death, I am here to help.
To find information about a law practice to see if it would be a good fit for your case, it makes sense to look over cases they have handled and client reviews. You can locate mine at the following links:
I’m a proud member of a number of legal associations, including the following:
- Trial lawyers who have won more than $1 million for a client are allowed to join Million Dollar Forum.
- Those lawyers who demonstrate the highest legal standards are invited to join the National Association of Distinguished Counsel.
Photo Attribution: https://pixabay.com/photos/wheelchair-disability-injured-749985/
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