Motor Vehicle Accident – Pedestrian Knockdown
$2.9 Million RECOVERY
Limo driver failed to see Plaintiff crossing in the crosswalk.
Kings County, NY
This motor vehicle accident involved an 18-year-old freshman who was crossing the intersection of Water Street and Fulton Street at approximately midnight when she was struck by a Black Chevy Suburban limousine. The plaintiff maintained that she had the green light, looked both ways and did not see the vehicle as it was approaching prior to being struck.
Defendant argued that the plaintiff was running across the street against the light, was not able to be seen since she was wearing dark clothing and was intoxicated.
At trial, the plaintiff presented a witness who testified that the plaintiff crossed with the green light, was not running and was not intoxicated. Plaintiff also called an expert witness toxicologist to testify that the plaintiff was not intoxicated based upon blood toxicology obtained at the hospital, an expert witness to testify that the lighting conditions were more than bright enough to see the plaintiff crossing the street and an expert accident reconstructionist who testified that the defendant driver had ample time to apply his brakes to avoid hitting the plaintiff and the accident was 100% the fault of the driver. Plaintiff also brought out testimony that the defendant driver was lost and that the defendant could not have been looking at the road at the time of the accident since he admitted he never saw the plaintiff until after he struck her and the point of impact was after she had crossed past the driver’s side and was struck by the front passenger side of the vehicle. Defendants called no witnesses other than the defendant driver. The jury rendered a verdict in favor of the plaintiff on liability finding the defendant 90% at fault and the plaintiff 10%.
The case settled prior to the damages trial for $2.9 million. Had the case not settled, the plaintiff would have presented the following injuries to the jury:
Loss of consciousness; Fractured right clavicle; Lateral compression fractures of the bony pelvis with right iliac, left sacrum, right acetabular, right pubic rami and left inferior pubic ramis fractures associated with small pelvic hematomas; Disruption of pelvic circle; Right posterior eighth rib fracture; Right pneumothorax with lung contusions/lacerations; Multiple grade 1-2 liver lacerations; Blood loss; Need for blood transfusion; Surgical implantation of device used for skeletal traction; Surgical removal of device used for skeletal traction; Open reduction internal fixation of pelvic fractures with placement of plate and screws; Placement of chest tube; Surgical placement of vena cava filter; Scarring; Need to undergo extensive physical therapy; Need to undergo extensive occupational therapy; Inability to deliver future pregnancies naturally due to disruption of the pelvic circle; Need for cesarean section for all future deliveries due to disruption of the pelvic circle; Pain and suffering from cesarean sections; Increased risk of pelvic adhesions and all the complications stemming therefrom as a result of inability to deliver naturally due to disruption of the pelvic circle; Conscious pain and suffering