Last month a California traumatic brain injury lawsuit filed in Alameda Superior Court was resolved when the two parties agreed to a settlement.

The Case: Sanchez v. Hamzat

The Court: Alameda Superior Court

The Case No.: 22CV007178

The Plaintiff: Sanchez v. Hamzat

The plaintiff in the case, Sanchez, and his 15-year-old brother were skating around the neighborhood on motorized longboards in Hayward, California on February 22, 2020, when an Uber driver hit them. According to the plaintiffs, the incident occurred at an intersection with a green light. One of the plaintiffs, Sanchez, sustained a traumatic brain injury and a fractured ankle. The injuries required multiple surgeries. Sanchez’s 15-year-old brother was traumatized by the incident, having seen his older brother be run over by the vehicle. The police found the two brothers at fault because they were not in the crosswalk. The plaintiff was scheduled to start a new job as a TSA agent at SFO only days after the incident occurred, but his injuries left him unable to work. The traumatic brain injury lawsuit was filed in Alameda Superior Court on February 17, 2022.

The Defendant: Sanchez v. Hamzat

The defendant in the case, Hamzat, was the Uber driver allegedly responsible for the incident. The defendant argues that the plaintiffs are at fault because they were in the intersection, the light was red, they were not wearing bike helmets (as required by California Vehicle Code Section 21292), and they did not use a lamp (as required by California Vehicle Code Section 21293).

The Case: Sanchez v. Hamzat

Despite a police report that indicated the plaintiffs were at fault, their legal counsel argued that they were in the vehicle lane in compliance with California Vehicle Code Section 21294. The law states electric motorized longboards can use the vehicle lane when the posted speed limit is 30mph or less. During the case, evidence indicated that the plaintiffs entered the intersection during a green light, and it turned red before they could exit the intersection. The plaintiffs also argued that the defendant was in a hurry, which caused him to violate the law by failing to yield to the plaintiffs who were already in the intersection (California Vehicle Code Section 21800(a)). On February 17, 2023, the two parties resolved the case when they agreed to a settlement.

If you have questions about how to file a California traumatic brain injury lawsuit, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to assist you in various law firm offices in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.