Recently, the California Department of Transportation (colloquially known as “Caltrans”) agreed to pay $37.4 million over a construction worker’s catastrophic brain injury.

Kyle A., a former construction worker in California, was struck by a motorist while working on a roadside location. Unfortunately, this led to a catastrophic brain injury that caused both quadriplegia and “locked-in syndrome,” so while Kyle continues to be aware of his surroundings, he is no longer able to move or speak.

According to the lawsuit, Caltrans failed to have the proper safety features that would protect workers like Kyle from traffic. On top of this, the lawsuit claimed, Caltrans attempted to cover up the incident, withholding information from investigators. Caltrans closed its internal investigation less than 10 hours after the injury occurred, the lawsuit notes.

Lawsuit Findings

In 2017, a Humboldt County Superior Court found Caltrans to be 100 percent liable for the injury, having created a dangerous work site condition. Originally, that jury awarded nearly $57 million to the plaintiff. The jury noted that the motorist was negligent, but was not substantially responsible for his injuries.

However, Caltrans appealed that decision. The appeal was successful, and a new trial was ordered that would reassess apportionment of fault in the scenario. Now, Caltrans has agreed to pay a settlement of $37.4 million to the plaintiff, which is meant to help pay for the 24/7 medical care Kyle will now receive for medical therapies for his injuries.

Kyle’s parents—now his primary caregivers—are satisfied with this new personal injury settlement agreement, they said in a statement. “It is our family’s hope that Caltrans management will learn from what our son is going through and strive to safely ensure that other families will not be forced to endure what Kyle will suffer the remainder of his life,” they said. “We urge Caltrans to follow their rules to protect workers, contractors and the public.”

Personal Injury Lawsuits

This lawsuit over Kyle’s catastrophic brain injury belongs to a type of lawsuit known as a personal injury lawsuit. Essentially, an injury caused to a person that pertains to the body, mind, or emotions falls under this definition.

A significant component of personal injury litigation is that another party’s (or parties’) negligence led to the incident  and resulting injuries.

Major personal injury litigation includes automobile accidents, medical malpractice, workplace injuries, slip and falls, and much more. Many personal injury claims end in settlements; reductions to those settlement amounts can happen as well. Understanding the law and your rights make the difference.

Filing a Personal Injury Lawsuit

If you or someone you love has suffered from a personal injury, whether a minor slip and fall to a catastrophic brain injury like Kyle’s, you may be able to file a lawsuit and pursue compensation. Of course, filing a lawsuit cannot take away the pain and suffering caused by such an injury, but it can at least help to alleviate the financial burden incurred by medical expenses and lost wages.

Pursuing litigation against a company can be daunting, especially after an accident, so Top Class Actions has laid the groundwork by connecting you with an experienced personal injury attorney. Consulting a lawyer can help you determine if you have a claim, navigate the complexities of litigation, and maximize your potential compensation.