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Tag Archives: motor vehicle accident

Bus accident injures high school students on Southern State Parkway

New York – Forty-four people suffered varying injuries in a mass casualty bus collision on Long Island. The bus was filled with high school students when it crashed into an overpass on the Southern State Parkway. The bus was too tall as it attempted to drive under a bridge, causing the entire upper section of the bus to sheer off. The sudden motor vehicle accident sent the children and adult supervisors flying in all directions. Some fell into the seats and other passengers while others slammed into the windows and side of the bus. Investigators have discovered that the out-of-state bus driver was unaware that his commercial vehicle was not allowed to be driven on a parkway in New York. Concerned citizen groups believe that this constitutes a form of negligence that caused the crash. Hospital officials report that the injuries from the accident varied from broken bones to internal organ damage to spinal injuries and even head injury. They note that some of the injuries, both physical and psychological wounds, may not show themselves immediately. There were some early signs of post-traumatic stress disorder noted in addition to the physical injuries. The injured victims will require ongoing evaluation and treatment. This article explains more about the bus crash.

Photo for illustrative purposes only. Photo Credit: Paul Swansen [License]

$375,000 Mediated Settlement — Passenger in Motor Vehicle Accident Receives Compensation

New York – This 39-year-old woman was injured as a passenger in a vehicle involved in a car crash with a second car in 2013. She suffered multiple injuries, including a bowel perforation due to a seatbelt injury and broken bones. She filed personal injury claims against the drivers of the two vehicles with the help of the injury law specialists of Morrison & Wagner. They helped negotiate a settlement of $375,000.

Illustrative Photo Credit: Dino Kuznik [License]

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Intersection collision caused bowel perforation (VerdictSearch.com by Priya Idiculla)

Mediated Settlement: $375,000

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Court: Suffolk Supreme, Suffolk County, New York

Injury Type(s): bowel/colon/intestine, perforation; scar and/or disfigurement; abdomen; fracture, radius; fracture, distal; fracture, metatarsal; fracture, wrist; wrist; fracture, toe; hyperpigmentation; keloid; physical therapy

Case Type: No-Fault Case — Motor Vehicle — Passenger — Motor Vehicle — Intersection

Date: November 2, 2016

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

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Facts & Allegations:
Around 6 p.m. on May 1, 2013, the plaintiff, 39, a factory worker, was a front seat passenger in a 1998 Nissan operated by Defendant A., 23. As the vehicle was travelling westbound on Rappo Drive and approaching the intersection of Simeon Wood Road, in Islip, Suffolk County, a 2012 Hyundai operated by Defendant B who was travelling east bound on Rappo Road, made a left turn in front of the Defendant B’s vehicle. The front of Defendant A’s vehicle collided with the driver’s side door of Defendant B’s vehicle.

The Plaintiff sustained injuries to her abdomen, left non-dominant wrist and right foot.

Plaintiff sued both defendants. In a consolidated case, Defendant A, through different counsel, sued Defendant B, but the case settled.

Plaintiff contended that the defendants were negligent in the operation of their vehicles.
The intersection was controlled by a traffic signal. The traffic signal was green for travel on Rappo Road. A witness statement obtained by the police indicated that Defendant A’s head was down as she entered the intersection and there was speculation that she may have been looking down at her cell phone when the accident occurred.

Plaintiff contended that Defendant B was negligent in attempting a left turn across oncoming traffic. Plaintiff further contended that Defendant A was negligent in failing to take any evasive action to avoid the accident and for being inattentive.

Defendant A claimed she had the right of way, and therefore Defendant B was negligent in making a right turn and failing to yield to oncoming traffic. Defendant B claimed that Defendant A was not paying attention while she entered the intersection.

Injuries/Damages
As a result of the impact and the pressure to her abdomen due to the seatbelt, the Plaintiff perforated her bowel. She also sustained a fracture to her left distal radius, and fractures to her right metatarsals, 1 through 4. The plaintiff also sustained pigmentation of her skin near her upper cheek as a result of the air bag deploying. The injured plaintiff was taken by ambulance to Southside Hospital for repair of the small bowel perforation. She underwent an emergency laparoscopy and small bowel repair on May 1, 2013. She remained in the hospital for six days. After discharge from the hospital she underwent physical therapy for her radial and toe fractures, which lasted until December, 2013.

Her wrist fracture was casted, and she wore a CAM Walker boot for her right toe fractures. She is left with keloid scarring along the abdomen. The plaintiff claims she has trouble now when lifting things with her left hand, and that when there is any pressure on her abdomen, she has pain. This includes that she can no longer sleep on her stomach, as it causes her irritation. The plaintiff missed three weeks of work after the accident and has since returned to work.

Result
As the case was proceeding to jury selection, Judge Paul Baisley negotiated a settlement of $375,000 with the insurance carrier for Defendant A tendering their $25,000 policy, and with the insurance company for Defendant B paying $350,000.

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Judge: Judge Paul Baisley

Editor’s Note: This report is based on information that was provided by plaintiff’s counsel and defense counsel for Defendant A. Defense counsel for Defendant B did not respond to the reporter’s phone calls. Counsel for Defendant A in her consolidated case declined to contribute.

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]

$ 450,000 Compensation -- Van Hits Child Pedestrian Crossing the Street

New York — A speeding van struck a young girl who was crossing the street. She sustained an ankle fracture and other personal injuries from the motor vehicle accident. The girl’s family sued the driver and recovered $450,000 in damages, thanks to the specialist accident lawyers of Morrison & Wagner.

Illustrative Photo by Eyone [Licensing cc-by-sa-2.5]

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Driver ignored red light, struck girl, suit alleged (VerdictSearch)

Settlement Amount: $450,000

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Court: Bronx Supreme, Bronx County, New York

Injury Type(s):
ankle-fracture (pilon fracture); ankle-fracture (fracture, bimalleolar); other-swelling; other-physical therapy; other-comminuted fracture; surgeries/treatment-open reduction; surgeries/treatment-internal fixation

Case Type: Motor Vehicle – Speeding, Red Light, Pedestrian

Date: September 3, 2008

Plaintiff Attorney(s):
Eric H. Morrison; Morrison & Wagner; New York, NY, for the plaintiff

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Facts:

On May 13, 2006, the 9-year-old plaintiff was struck by a van. The incident occurred on Jerome Avenue, near its intersection at East Fordham Road, in the Fordham section of the Bronx. She sustained injuries of an ankle and a leg.

The girl’s mother, acting as her daughter’s parent and natural guardian, sued the van’s driver and the van’s owner. The mother alleged that the driver was negligent in the operation of his vehicle. She further alleged that the van’s owner was vicariously liable for the driver’s actions.

The pedestrian accident victim claimed that the driver ignored a red traffic signal, that he was speeding and that he failed to yield the right of way.

The van driver contended that the young pedestrian abruptly walked onto the street and initiated contact with the side of his van. He also contended that she ignored a red pedestrian-traffic signal that should have prevented her entrance to the intersection.

Deposed witnesses did not provide conclusive accounts of the manner in which the accident occurred.

Injury:

The girl sustained a bimalleolar fracture — a fracture of both sides of the ankle’s malleolus, which is the ankle’s bony protuberance. The injury affected her left ankle. She also sustained a pilon fracture of her left leg. A pilon fracture is a comminuted fracture of the lowest portion of a leg’s tibia. Her fractures were treated via open reduction, and she also underwent the internal fixation of a rod that was attached to her left leg’s fibula. The surgeon noted that the girl was suffering some disruption of the associated growth plate, but persistent swelling was the only complication of the healing process. However, the surgeon also noted that swelling may be a precursor to arthritis. The accident victim also underwent about two months of physical therapy.

The girl’s mother sought recovery of damages for her past and future pain and suffering.

Result:

The parties negotiated a $450,000 pretrial settlement.

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Judge: Wilma Guzman

Editor’s Comment: This report is based on information that was provided by plaintiff’s and defense counsel.

Bus crash in Queens, New York after driver loses control

New York – A bus accident in Rego Park has left at least six injured victims according to police reports. Investigations into the cause of the collision shows that the bus driver may have swerved to avoid colliding with a car but then the driver lost control of the bus. The bus then slammed into the side of a building, injuring the driver as well as multiple passengers. The people were extricated by the New York Fire Department and rushed to the hospital with varying injuries. The specific nature of the injuries are unclear at this time. However, witnesses to the aftermath of the motor vehicle accident note that the injury victims were secured with neck collars and spine boards due to concern for spinal injuries. Evidence shows that the bus hit a brick-faced wall of a building, possibly an apartment building. This demolished the corner of the building and sent heavy bricks and other debris flying all around. Witnesses describe a car being pinned under the bus, with the driver suffering critical injuries.

Further investigations will be needed to determine the exact cause of the crash. Police will examine the mechanical condition of the bus, including brakes, steering, tires and other essential equipment to determine if proper maintenance was performed. Records show that the bus was owned and operated by a casino company, who may bear some or all responsibility for the accident. The driving record and training of the driver may need to be examined as well. Officials will simultaneously need to determine if the driver of the other car was negligent and possibly caused the crash. Read more about the accident and injuries here.

Illustrative Photo Credit: Chris Yarzab [License]

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

Westchester, New York pedestrian injured in assault with a car

New York — A routine argument about a traffic incident between two men from Yonkers turned into an assault with injuries. Police report that one of the men attacked the other’s car with a baseball bat but then turned his rage toward the man himself. The first man hit the other man with his car and then fled the scene. The pedestrian victim suffered injuries after being struck by the car and then falling off the hood of the vehicle nearly 100 yards away. The assault victim was then treated for his injuries while police searched for the hit-and-run suspect. Reports show that the man was caught and charged for leaving the scene of an accident with injuries as well as for assaulting the man. A top accident lawyer in New York City explained that the driver can also face a civil personal injury lawsuit in addition to the criminal charges against him. Police note that the charges are more severe in this instance than a normal hit-and-run accident since this is being classified as a physical assault. In an unrelated New York car accident, a woman is also facing assault charges for driving while distracted by her cell phone. In that car crash police say that the woman was apparently trying to surf the internet from her mobile device when she lost control of her vehicle and crossed into oncoming traffic. Her car struck another vehicle head-on and caused multiple injuries to several crash victims. One of the passengers of the second vehicle is reported to be in critical condition due to a head injury from the crash. The woman was criminally charged for causing the accident as well as for driving without a license. This motor vehicle accident may also leave the distracted driver facing an personal injury accident lawsuit from the victims in addition to the police charges pending against her for assault with a motor vehicle. Details about the crash are available in this article.

Photo by Stefan Lampert. Users Ahellwig, Sebastian8939, Saiki on de.wikipedia (Feuerwehr Meerane) [Public domain], via Wikimedia Commons