Columbia bicyclist awarded $450,000 for 2005 collision
Submitted by Brent Hugh on Tue, 10/28/2008 - 4:03pm
The Columbia Missourian is reporting today that bicyclist Krysten Chambrot, who was struck by two cars while crossing an intersection in a crosswalk, was awarded $450,000*.
This is the second large settlement for a bicyclist this year in Missouri--in September a $2 million settlement was reached in the case of bicyclist John Triggs, who was killed by a turning cement truck in downtown Kansas City in June 2006
The jury found Chambrot 75% responsible for the collision, the City of Columbia and a driver of a city truck 13% responsible, and another driver 12% responsible.
In civil cases like this, the jury determines the total amount of damages that could be awarded, then assigns responsibility for the collision on a percentage basis, and then awards amounts to each part in proportion to those percentages. So the $450,000 awarded to Chambrot represents the 25% of the collision, which, according to the jury, the two drivers and the City of Columbia were responsible for.
Chambrot was crossing College Avenue in a crosswalk when the incident occurred. The defense lawyers maintain that Chambrot crossed against a red light.
Chambrot's lawyer also maintained that, regardless of the light configuration, the drivers should have done more to avoid the collision.
The drivers' lawyers maintain that the drivers had the green light, were driving at or below the speed limit, and were doing all they could to avoid a collision.
Read the full Columbia Missourian story here.
Earlier coverage of the trial is here:
This is the second large settlement for a bicyclist this year in Missouri--in September a $2 million settlement was reached in the case of bicyclist John Triggs, who was killed by a turning cement truck in downtown Kansas City in June 2006
The jury found Chambrot 75% responsible for the collision, the City of Columbia and a driver of a city truck 13% responsible, and another driver 12% responsible.
In civil cases like this, the jury determines the total amount of damages that could be awarded, then assigns responsibility for the collision on a percentage basis, and then awards amounts to each part in proportion to those percentages. So the $450,000 awarded to Chambrot represents the 25% of the collision, which, according to the jury, the two drivers and the City of Columbia were responsible for.
Chambrot was crossing College Avenue in a crosswalk when the incident occurred. The defense lawyers maintain that Chambrot crossed against a red light.
Jeffery Parshall, attorney for the city and for Arens, said witnesses have confirmed that Chambrot crossed the intersection on a red light.Chambrot's lawyer says that the light changed while she was crossing and the city should have adjusted the traffic signal to have a period of "all red" in order to clear the intersection.
"We are looking at a case of a good person who made a bad judgment," he told the jury.
Chambrot's lawyer also maintained that, regardless of the light configuration, the drivers should have done more to avoid the collision.
The drivers' lawyers maintain that the drivers had the green light, were driving at or below the speed limit, and were doing all they could to avoid a collision.
Read the full Columbia Missourian story here.
Earlier coverage of the trial is here:
* Diagram of intersection and eventsNote: Following the initial newspaper reports, we originally reported the amount of the settlement as $1.8 million. However that is the total amount of damages as determined by the jury. Since Chambrot was determined to be 75% responsible for the collision she only receives the remaining 25%--or $450,000. For details, see this article.
* Opening statements
* Bicyclist's lawyer presents her case
* Expert testifies that two seconds "all-red clearance" might have prevented the collision
* Witness and defense statements
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