Employers, including governments, can be liable for the harm their negligent employees commit while on the job, including causing pedestrian accidents. A recent Los Angeles case shows some of the issues that can come up in these cases.
Tyler Fleck represents injured accident victims and family members of those killed in accidents. It’s important to contact him as soon as possible after an accident, especially if a government entity is involved, because there are special rules requiring notice before filing a lawsuit. If you’re injured in a vehicle accident, learn more about your legal rights to compensation by calling Tyler Fleck at (270) 446-7000.
Accident Leaves Pedestrian in a Coma
A June trial against the city of Los Angeles resulted in a $48.8 million damages award to Kamran Hakimi, now 61, who was struck by a city sanitation truck last August. He’s been in a coma since the accident. He had a green light to cross a street in Encino and was hit after the driver took what one of Hakimi’s attorneys describes as an “unsafe right turn,” according to the Los Angeles Times.
A handlebar on the truck’s front hit Hakimi’s head, sending him onto the street, where he hit his head a second time. He stood for a brief time, then lost consciousness. Hakimi is the father of five who worked in real estate before the accident.
The city acknowledged that the truck driver failed to yield the right of way to Hakimi, so liability wasn’t disputed at trial. Facing this evidence, the city did what many defendants and insurance companies do – claim the plaintiff isn’t entitled to the damages they seek.
City attorneys disputed Hakimi’s damages claims, which are meant to compensate him for what he suffered during the accident and his reasonably expected future harm. They stated that a 61-year-old has a limited life expectancy. The city also argued that since Hakimi is unconscious, he’s not suffering pain, suffering, distress, or the loss of enjoyment of life because he’s not feeling anything.
That didn’t fly with the jury. They ordered the city to pay Hakimi $48.8 million. This includes $25 million for his future pain and suffering and $10 million for his medical expenses. Jury verdicts can vary widely for many reasons. Though a Kentucky jury may have awarded damages to the plaintiff if the trial were held here, it may not have awarded him a verdict that high.
Defense Strategies Carry Risk, Especially When Tens of Millions of Dollars are at Stake
Another Hakimi attorney told the press that the city refused to accept reasonable settlement offers, including proposals by a mediator the city chose. The verdict is the largest against the city in the last two fiscal years.
Los Angeles is dealing with increasing legal liability payouts. The city has paid $289 million in fiscal year 2025, its highest liability costs ever. Los Angeles paid $91.3 million for settlements and jury awards in fiscal year 2023.
Plaintiffs’ attorneys state that a reason is that the city’s attorney, Hydee Feldstein Soto, refuses to settle cases that are too high a risk to go to a trial. Instead of settling for lower amounts, the city will take cases to trial, and if it loses, it will end up paying substantial jury awards.
The biggest share of the city’s payouts over the past five years covers liability for “dangerous conditions” (dangerous sidewalks, broken elevators, and other neglected infrastructure) at 32%. Traffic accidents involving city vehicles make up 18% of the payments. Equally expensive are civil rights and police misconduct cases.
Soto states that because the city in the past hasn’t paid enough money to maintain its streets, sidewalks, and other infrastructure, they’ve deteriorated and are frequent subjects of personal injury cases. Some of them include the following:
- Los Angeles paid $3 million to a man who tripped on an uneven sidewalk, fell, and suffered a traumatic brain injury
- The city agreed to a $21-million settlement in a case where a falling street lamp fractured the plaintiff’s skull. The parties reached an agreement after a jury awarded the plaintiff $22 million
Both sides, and their attorneys, need to be sensible when deciding whether to settle a case, and for how much, or take the matter to a trial. If a defendant makes an unreasonable “low-ball” offer to resolve a case, there’s much less for a plaintiff to lose by having a jury decide the outcome.
What’s the Next Step?
If you or a family member is injured because of a government agency, call The Fleck Firm for a free consultation at (270) 446-7000. We are dedicated and compassionate when fighting for our clients. When you contact us, we’ll discuss the accident, your injuries, the law, and your best options. Insurance companies have lawyers. You should have one, too.
