The Incident

The decedent, Li Zhu Peng, 67, was riding her bicycle at the intersection of 2nd Avenue and E. 12th Street in Oakland. She waited at the intersection for the green traffic signal and then proceeded south on 2nd Avenue when she was struck by a van. The driver of the Van was proceeding north on 2nd Avenue and made a left turn onto East 12th street without yielding to the bicyclist. The impact threw Ms. Peng off her bicycle, causing her head to strike the ground.

Injuries and damages

Ms. Peng was rushed to the hospital where she was diagnosed as having sustained a depressed occipital skull fracture and  a traumatic brain injury. Unfortunately, life-saving efforts at the hospital were unsuccessful and Ms. Peng died from her injuries.

The only surviving family member of Ms. Peng was her daughter who resides in China. Despite the geographical distance, they maintained a close and loving relationship. There was not much in the way of financial support as Ms. Peng was near retirement.

Claims and settlement

Bay Area personal injury lawyer Andrew H. Meisel of Meisel Law Group represented the daughter. Wrongful death claims were presented against the Van driver and his employer. It was alleged the van driver was in the course and scope of his employment making deliveries when the incident took place. This would make the employer vicariously liable for the negligence of the driver. There was an insurance coverage dispute. It turned out the van was rented by the employee because the company van was not in service. The company’s insurer claimed the rented van was not covered under the company’s insurance policy.

After investigation and exchange of documentation, Meisel presented a one-million-dollar policy limit demand. This was directed to the employer and to the van rental company. Despite the coverage questions, the settlement demand was accepted and the case settled for one-million-dollars.