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Tag Archives: hit by a car

Pedestrian hit by a car, killed in Union Square in New York City crash

New York – A hit-and-run accident left the pedestrian victim dead according to hospital officials. The man was crossing the street within a marked crosswalk but was struck by a vehicle and then dragged down the street. The vehicle, identified as a Jeep, was being driven by an unknown driver in a reckless manner according to witnesses. The driver was speeding and made a quick left turn, hitting the pedestrian and then pulling him under the car. The victim was left with severe injuries and he was rushed to the hospital by ambulance and paramedics. Doctors attempted to resuscitate the injured man to no avail and were forced to pronounce him dead. Investigation into the cause of the pedestrian accident show that the man had just left work when he was crossing the street to head home. The reckless driver fled the scene of the accident despite having caused obvious injuries according to evidence from the scene. Police have located the vehicle but are still looking for the hit-and-run driver. Investigators believe that the driver may live in Brooklyn. They note that he was driving a rental car. The driver will likely face a slew of charges and lawsuits, both criminal and civil. He may face a wrongful death lawsuit when located but an accident attorney explained that the owner and insurer of the Jeep Renegade may also be included in any lawsuits. For more about this fatal car accident, please see this article.

Photo for illustrative purposes only. Photo Credit: Jeffrey Zeldman [License]

Demand for investigation of driving under the influence in Rockland car accident

New York – The family of a fatal car crash victim in Ramapo, NY are concerned that police may not have properly investigated prescription drugs and an open bottle of alcohol in the car. The driver of the car admitted that he was speeding just before hitting two pedestrians on the side of the street. The responding police officers investigated the pedestrian accident but apparently didn’t test the driver of the car for drunk driving or driving under the influence of prescription pain killers. According to records, however, pain medications that are known to cause drowsiness and impairment, as well as an open container of alcohol, were both found in the car. These items may have contributed to the horrific collision and created a dangerous condition. One pedestrian was killed after being hit by the car and a second young man was severely injured in the accident. The families of the victims are outraged that drug and alcohol testing wasn’t administered. They contend that the fact that the driver of the car was an off-duty police officer himself may have clouded the responding police officer’s judgment. They have demanded further investigation into the incident, according to reports. See this article and video for more details about this pedestrian crash.

Photo for illustrative purposes only. Photo Credit: Rian Castillo [License]

Severe injuries from Long Island Expressway motor vehicle accident

New York – Police and rescue crews worked all night on Monday to investigate and remove a car accident in Nassau County. The initial reports from the crash scene indicated that a man was standing on the highway when a car hit the pedestrian. However, it now appears that the first car was involved in a single car crash when it hit the road guardrail and then the median divider. Two people got out of the car and were then hit by a car that was being driven by an off-duty police officer. That pedestrian accident ended in the death of both crash victims. In addition, the SUV driven by the off-duty police officer rear-ended the first car and caused serious injuries to two other passengers.

Police needed to investigate several aspects of the car crash, including the initial collision, the subsequent pedestrian accident and the rear-end collision by the SUV. They will continue to look into the accidents to determine if any negligence or dangerous driving was involved. The routine probes include looking into the possibility of drunk driving, driving under the influence of drugs, speeding driver and reckless driving. However, mechanical failure will also be looked at, such as brake failure. See updated information about this SUV accident and pedestrian killed in this article.

Illustrative Photo Credit: Dan4th Nicholas [License]

$362,500 in Total Settlements For Pedestrian Accident Victims

New York — Two pedestrians were crossing the street when one of them was hit by a car and the other nearly struck by the vehicle. The driver of the car claimed that he skid on snow. The injured accident victim suffered broken bones, including a pelvic fracture, leg fracture and broken shoulder bone. The two women came to the personal injury law firm of Morrison & Wagner and filed a lawsuit against the driver. Settlements totaling $362,500 for the victims were obtained prior to trial.

Illustrative Photo Credit: Steve Baker [License]

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Motor Vehicle – Pedestrian (VerdictSearch)

Total Settlement Amounts: $362,500

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Court: Queens Supreme, Queens County, New York

Case Type: Motor Vehicle – Pedestrian

Date: April 11, 2000

Plaintiff Attorney(s):
Stuart Wagner; Morrison & Wagner, L.L.P.; New York, NY

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Facts:

At 7 AM on 12/6/97, the 72-year-old Plaintiff A was walking with her daughter, Plaintiff B, on State Hwy. 36 in the Town of Groveland. There was snow on the ground from an earlier storm. Plaintiff A was crossing the highway when she was struck by Defendant’s vehicle. Plaintiff B avoided the accident, but contended that she had been in the zone of danger. Defendant contended that the Plaintiffs initially had been waiting by the yellow line, then darted into the roadway. Defendant also claimed that the snow on the roadway caused his vehicle to skid.

Injury:

Fractures to the right pelvis, fibula, and tibia; fractured left nondominant shoulder. Plaintiff A received physical therapy from the date of the accident until 4/16/98.

Note: Defendant won a motion to move the trial to Livingston, based on the fact that the police officers were witnesses who would be called to testify at trial and were from that venue. Plaintiff showed in renewal and reargument that the police officers were not necessary witnesses in that they did not do an actual reconstruction of the accident scene and were willing to travel to Queens for trial. The case was subsequently moved back to the Queens venue.

Result:

This action settled at the beginning of jury selection for $300,000 for Plaintiff A and $62,500 for Plaintiff B.

$500,000 Pre-Trial Settlement for Teen Pedestrian Hit by a Car, Skull Fracture

New York — A teenage boy was struck by a vehicle as he crossed an intersection at a traffic light. The pedestrian accident victim was thrown into the air and suffered a head injury with skull fracture. The team at Morrison & Wagner helped the boy and his mother recover a $500,000 settlement in the lawsuit against the driver and his insurance carriers.

Illustrative Photo Credit: kc7fys [License]

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Motorist, injured teen debated status of traffic signals (VerdictSearch)

Settlement Amount: $500,000

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Court: Kings Supreme, Kings County, New York

Injury Type(s):
head-fracture; skull; other-craniotomy

Case Type: Motor Vehicle – Pedestrian, Question of Lights

Date: January 22, 2015

Plaintiff Attorney(s):
Stuart Wagner; Morrison & Wagner, LLP; New York, NY, for the Plaintiff, and son

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Facts:

At about 8:45 p.m. on Jan. 9, 2013, the plaintiff, a 14-year-old boy, was struck by a motor vehicle. The incident occurred on Woodmere Boulevard, alongside its intersection at West Broadway, in Woodmere. The victim was tossed onto a sidewalk, and he sustained an injury of his head.

The teenage boy’s mother, acting individually and as his parent and natural guardian, sued the vehicle’s driver. The plaintiffs alleged that the driver was negligent in the operation of his vehicle.

The victim acknowledged that he ran across the roadway, but he claimed that a green traffic signal permitted his entrance to the roadway. He further claimed that the signal remained green the entire time that he was on the roadway. Thus, plaintiffs’ counsel contended that the boy possessed the right of way.

The boy also claimed that he had crossed all but 3 or 4 feet of the roadway when the impact occurred. Plaintiffs’ counsel contended that the driver should have seen and avoided the pedestrian. An eyewitness claimed to have sounded a vehicle’s horn, to warn the driver and pedestrian, but that neither party reacted. The car driver suffers a cataract and experiences deficits of his audition, and plaintiffs’ counsel contended that the driver should not have been operating a motor vehicle.

The teen suffers a congenital defect that impairs his right ear’s audition. His right ear would have been the one closest to the vehicle that hit him and the witness’s vehicle. The defendant claimed that he stopped at a red signal upon reaching the intersection. He further claimed that the pedestrian boy entered the roadway after the signal had turned green.

Injury:

The pedestrian accident victim sustained a fracture of his skull. He was placed in an ambulance, and he was transported to Nassau University Medical Center, in the hamlet of East Meadow. He underwent an immediate craniotomy, which involved removal of extruded fragments of his skull. His head’s wound was closed via application of staples.

The victim claimed that his injury prevented his attendance of two weeks of school. His doctors have advised that he should avoid activities — such as skiing or playing football — that could result in an injury of his head.

The boy’s mother sought recovery of damages for his past and future pain and suffering. She initially presented a derivative claim, but her claim was not pursued.

Defense counsel contended that the boy recovered within two weeks of the accident.

Result:

The parties negotiated a pretrial settlement. The defendant’s primary insurer tendered its policy, which provided $250,000 of coverage, and the defendant’s excess insurer agreed to pay $250,000. Thus, the settlement totaled $500,000.

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Editor’s Comment: This report is based on information that was provided by plaintiffs’ counsel. Defense counsel did not respond to the reporter’s phone calls.

Critical injuries from New York City bus crash

New York – City officials say that another serious motor vehicle accident involving a Metropolitan Transportation Authority (MTA) bus occurred this week in Brooklyn. Reports show that the bus was hit by a car that had just been involved in an accident with another car. According to witnesses, the chain reaction car crash started when a car tried pulling out of a parking lot and into traffic. A second car was speeding down the road and slammed into that other vehicle when he couldn’t stop in time. That car subsequently turned and hit the bus, causing multiple injuries to passengers. Emergency responders explain that upwards of 25 victims were injured in the accident with 4 of them listed in serious or critical condition. The accident victims were rushed to 2 area hospital and trauma centers for emergency treatment of their wounds. An accident lawyer in Manhattan noted that the drivers of both car may likely share responsibility for causing the car crash that then caused the bus accident. However, further investigation would be needed to determine if the vehicles were speeding or violating any other traffic safety laws. Another MTA bus accident with deadly injuries, also in Brooklyn, was reported here. You can also see this article for more on this week’s multi-vehicle bus crash.

Illustrative photo by Mtattrain (Own work) [CC BY-SA 3.0], via Wikimedia Commons

Two pedestrian accidents on Long Island involved young children

New York – Two unrelated motor vehicle accidents occurred within hours of each other this past Sunday. The first car accident involved a 6-year-old pedestrian struck by a car in Suffolk County, Long Island. The accident victim in that crash was crossing the street when she was hit by a car. that was driven by an elderly man. Hospital officials report that the young girl died of the injuries from the collision despite their best efforts to revive her.

Suffolk County Police report that only several hours later, a 10-year-old boy was seriously injured in a similar car crash. The boy was crossing the road with his mother when he was struck by a car being driven by a 21-year-old driver. The victim was rushed by a medivac helicopter ambulance to a trauma center. He is undergoing continued treatment for extensive wounds both externally and internally. At this point, it appears that the most serious problem is a head injury, which requires further evaluation to determine if the victim suffered a traumatic brain injury. Police in both cases are continuing their investigation into the causes of the accidents but have not yet issued any tickets or made arrests. Some of the investigations will include an evaluation of the mechanical condition of the vehicles and an assessment to see if speeding may have contributed to the crashes. Read more about these pedestrian accidents here.

Illustrative photo by Michael Rivera (Own work) [CC-BY-SA-3.0], via Wikimedia Commons

New York State school bus safety program scheduled for April 3, 2014

New York – The state sponsored Operation Safe Stop program was created in order to prevent student pedestrians from getting hit by a car. Officials explain that many children have been struck by a vehicle when getting on or off their school bus, especially when they try to cross the street. Parents, police and lawmakers teamed up to improve safety for kids by passing driver safety laws and forming programs such as this one. The law in New York State says that it is illegal to pass a school bus that has its red lights flashing. This law applies to all vehicles, including cars, trucks and other buses. Many yellow school buses have added a red stop sign that swings out on the driver’s side when the red lights are activated. However, this is not necessary and the law applies even when there is no stop sign or if it is broken. The requirement to stop for a school bus with flashing red lights applies to vehicles approaching from in front of as well as behind the bus. It even applies to vehicles on the opposite side of a divided highway with many lanes as well as in school parking lots. Experts say that whenever the red lights are activated, it means that the bus driver is letting students on or off the bus, creating a potentially dangerous condition should the child run across the street. They note that the shorter height of kids prevents drivers from seeing them, especially when they walk out from behind a tall bus. The goal of the Operation Safe Stop program is to bring awareness to the law and the dangers of passing a school bus. Ultimately, organizers hope that the awareness program will prevent accidents, injuries and wrongful death by cracking down on reckless driving behavior. Police say that tickets with hefty fines will be issued to dangerous drivers that do not obey the law. If you witness illegal driving, such as illegally passing a school bus, contact the police to report it. If you or someone you know was injured due to a negligent driver, you have the right to contact an accident lawyer to discuss your case. Local police throughout the area are planning on participating in this safe driving program on April 3, 2014 with high hopes of preventing pedestrian accidents.

Illustrative photo by Bernd Moehle (Flickr: School bus) [CC-BY-2.0], via Wikimedia Commons