San Jose residents might recall an April 2009 Bay Area hit-and-run incident that resulted in significant personal injury to a bicyclist. Following a recent criminal conviction, the injured parties are now seeking compensation through a $5 million personal injury lawsuit.

A competitive cyclist and her fiancé were cycling in Saratoga, California, through the intersection of Highway 9 and Fruitvale Avenue when the driver of a BMW hit them without stopping. The woman sustained a catastrophic head injury and her fiancé reported a bruised arm.

When criminal charges were filed against the hit-and-run driver, the victims likely did not know that it would take nearly three years for justice to be served. The defendant initially attempted to avoid standing trial by claiming he was senile.

He then retracted his claim, hired a new lawyer and submitted new evidence for review: a detached passenger-side mirror. The defendant claimed this two-year-old evidence would prove that the damage to his vehicle was sustained prior to the time of the accident, when he was backing out of his garage.

However, he was convicted last week of one felony count of hit-and-run driving causing serious and permanent injury.

While the verdict solicited emotions of relief for the now married couple, the woman must continue to cope with the permanent injuries she sustained. The trauma to her head has left her with vision, muscle, and cognitive difficulties.

To help redress these ongoing problems, the couple is also pursuing compensation through a personal injury lawsuit against the driver. According to reports, the couple is seeking $5 million to help cover ongoing medical costs and pain and suffering. While the civil and criminal processes are different, the criminal conviction may act as a buoy to the couple as they push forward with their civil case.

Source: Mercury News, "Jury: Saratoga businessman guilty of hit-and-run accident that severely injured cyclist," Tracey Kaplan, Feb. 14, 2012