Articles by ME Lawyers

Details According to Collision Report

According to the driver of the van, however, she ran into the intersection and intentionally stuck out her foot to make sure it would be run over as he was making his turn. His story is noted in the official collision report. The driver, Pishgram Daghestany, worked for an HVAC company, BH Mechanical, at the time of the incident. He did state that he knew he ran over her foot after feeling the van rise. As a result, he pulled over to the side of the road.

A pedestrian waiting at the corner stated he entered the crosswalk as well and saw the van hit McKinley. The pedestrian provided officers on the scene with his version of what happened and how the accident occurred. According to the police report, the accident was a result of Daghestany failing to yield to the right of way for McKinley in the crosswalk. The report also noted that he was not under the influence at the time of the accident.

Right of Way for Crosswalks

In Oceanside, where the accident occurred, pedestrians do have the right of way in crosswalks. Regardless of whether the crosswalk is marked, vehicles must stop to make sure the pedestrian can safely cross the street. Vehicles must exercise caution around all crosswalks, stopping for any pedestrians who are already in the crosswalk or are ready to cross, whether or not there are lights or a signal. In McKinley’s case, the crosswalk was marked and she waited for the signal to indicate that it was her turn to cross the street. She had the right of way and should have been able to safely cross the crosswalk, as the work van should have stopped for any pedestrians crossing the road.

Injuries Sustained After Accident

McKinley ended up with abrasions on her right foot and elbow. The police report stated that her injuries were minor. Her foot was wrapped, and she was able to leave the hospital. At the time, she was homeless, so lawyers believe she was sent away just to get her out of the hospital at that time.

Homelessness in Oceanside

In Oceanside, where McKinley lived, there are many homeless people and few shelters available. In 2018, the city declared a homeless crisis as a way to approve emergency action to help the homeless population. This allows for temporary winter shelters to be set up as well as other measures intended to help anyone who is homeless in the area. However, there is still a large population of homeless residents in the city, which means that those like McKinley live on the street, sleeping on sidewalks, instead of having a safe place to live. McKinley is only one of the hundreds of homeless people within the city, who can be at a higher risk for being in accidents due to the amount of time they spend walking along the streets.

Severe Infection From Abrasion

In the weeks after the accident, her injury became severely infected. She was found two weeks later with far more serious injuries, including gangrene due to the abrasions being infected. McKinley then returned to the hospital and was told her foot needed to be amputated. At this point, she pleaded for help and doctors ended up performing a skin graft. This was able to remove the infection, saving her foot so it did not need to be amputated. At this point, McKinley reached out for legal assistance.

Gangrene is a type of infection that leads to the death of the infected body tissue. This can be caused by both circulation issues and bacterial infections. In McKinley’s situation, the infection became worse until it caused gangrene. This type of infection can be treated in the early stages, but it can spread rapidly and if it spreads to the bloodstream can lead to death. Since McKinley was sent away from the hospital after being bandaged for her injuries and was homeless at the time, she could not properly care for the infection. As a result, it turned into gangrene and could have led to the amputation of her foot or worse.

Help After the Accident

During the 18 months after the second hospital stay, the lawyers from Emrani Lawyers of Los Angeles helped her get a hotel room so she wouldn’t sleep on the streets, gave her rides to any doctors appointments to take proper care of her foot as she recovered, and helped her find permanent housing. They did fly her to Tennessee, where she was able to reconnect with a sister she hadn’t seen in 20 years.

Recently, she was able to obtain a home in Carlsbad. The Emrani Law Firm is helping her fill the home with furniture so she has a comfortable place to live. Though she is not homeless anymore, her injury is still severe. Right now, she has complex regional pain syndrome, which is incurable and can develop in an area of the body after injuries, surgeries, heart attacks, or strokes. According to her lawyer, McKinley is still having trouble walking and must use a walking stick to get around.

What is CRPS?

CRPS (complex regional pain syndrome) typically impacts arms or legs and can develop after a variety of medical issues, including injuries. Though the original injury may not have been severe, the pain for CRPS can be, and treatment isn’t possible in all cases. Symptoms for CRPS can vary from person to person and can change over time. If the affected limb becomes cold or pale, it is likely the situation is irreversible. CRPS can spread from the original limb, as well, leading to more pain in the future.

Lawsuit for Compensation

The Emrani Law Firm filed a lawsuit against BH Mechanical to obtain compensation for their client. They are seeking $10 million in compensation, including $600,000 just for medical expenses. The case is set to end up in a trial, which is slated to begin in January 2022. According to her lawyer, McKinley is going to end up being in pain for the rest of her life due to the accident. The HVAC company has not taken any responsibility for her injuries and lied about how she was injured to avoid blame.

Compensation for accidents like these often leads to high settlements due to the life-changing impact the accident has. In McKinley’s case, she will end up suffering from CRPS for the rest of her life, making it difficult to walk and get around the way she used to and will impact how easy it is for her to live. The compensation requested is intended to cover all expenses related to the accident as well as future medical bills, coverage for pain and suffering, and more to help make her whole again.

Though the pandemic has changed many lives, Manu McKinley’s life is forever altered because of an accident that happened at the height of the pandemic. Because she attempted to cross the road and was hit by a van, she now suffers from permanent pain that has no cure. With the upcoming trial, the hope is that she can receive compensation for the injuries to help her continue to live her life despite the pain.