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Lawsuit Begins on Pedestrian Accident

A trial is underway in Elko concerning a pedestrian accident which happened seven years ago involving a van.

Lile “Cheri” Gallio, is seeking undisclosed damages from the employer of a driver involved in an accident which happened happened in April, 2008, that left her severely injured. Gallio began crossing Idaho Street on the southwest corner of Fourth Street and she was struck by an Elko Floral van.

The van driver, Weston Ferguson, stopped and Gallio was conscious but injured. She was flown to Salt Lake City for treatment for multiple fractures to her back and pelvis, hemorrhaging in her head, a torn ear, and other injuries.

The crux of the case hinges on whether the driver was at fault for inattentiveness or whether the pedestrian failed to carefully check both ways for traffic. The defense suggested in opening statements that Gallio darted out into the road, although two parked trucks parked on the curb could have blocked the line of sight.

According to police investigators Gallio admitted fault and told them she left the crosswalk however family members now say it is usual for Gallio to shoulder blame for incidents even when not responsible and under Nevada law drivers are obligated to slow down when approaching crosswalks.

A Nevada Highway Patrol officer, said he found fault with the driver, not the pedestrian however a forensic engineer for the defense said that based on the evidence he reviewed, the accident was unavoidable for the driver who would have had to slow to 15 mph to avoid hitting Gallio, some 10 mph under the speed limit.

If you, or someone you know, have been injured in a serious accident, please call the attorneys at Hirschi Steele & Baer, PLLC at 801-990-0500 or contact us online today. We have the experience and expertise needed to help you get the compensation you deserve.