Santa Clara Jury Awards $49 Million To Student Who Was Brain Damaged In Car-truck Accident

It's one of the largest personal injury verdicts in Santa Clara County in recent years. A jury this week has awarded an accident victim more than $49 million in personal injury damages. The jury found that California transportation officials and two truck drivers were negligent in an accident that left the victim, Bakersfield-resident Drew Bianchi, brain damaged.

On May 3rd 2007, Bianchi was seated in the backseat of a Toyota Avalon, and on his way to a camping trip with three of his friends. They were on highway 152, when two trucks collided with each other near the center line. One of them was sent crushing into the rear of the Toyota, right where Bianchi was seated. He suffered serious head injuries. Bianchi, at the time, was attending a community college in Bakersfield, and was due to begin attending the University of California in Davis.

The accident left him with serious injuries, and he now lives in a full time neurological treatment facility in Bakersfield. He was 23-years-old at the time of the accident.

Before the case went to trial, the California Department of Transportation agreed to a settlement of $10 million against claims that Caltrans failed to take steps to correct several safety issues on highway 152. The Pacheco Pass, where the accident occurred, is a dangerous stretch of road. The two truck drivers each played their part in causing the crash. Samuel Bimbela drifted cross the line and set off the collision, while the other truck driver Michael Demma, was talking on a cell phone while driving his truck. Demma was employed by Gordon Trucking.

Bimbela's lawyers blamed the accident on Caltrans' failure to make safety enhancements to the Pacheco Pass. Bimbela himself alleged that Demma crossed the center line triggering off the accident.

The jury has now found in favor of Bianchi. The damages were divided thus: Bimbela was found liable for 60 percent of the damages while Gordon Trucking and Demma were found liable for 30 percent. Bimbela's employer at the time of the accident, Salazar Trucking, settled with Bianchi for an amount of $2 million, so Bimbela faced trial alone. The state of California was found 5 percent at fault.

$60 million might seem like a lot of money, until you consider that Bianchi will most likely be brain damaged for his rest of life, and will continue to require specialized care for the rest of his years. Given a chance, Bianchi would no doubt like to have his old life, that was so full of promises and dreams, back. He was a healthy young man with much to look forward to, and was all ready to go to medical school. While it's heartbreaking for California brain injury lawyers to think of the kind of promise this accident snuffed out, it's comforting to know that Bianchi will never want for high quality medical care of the kind that he will need, because of lack of financial resources.