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Tag Archives: rear ended

Car versus truck accident kills one victim in Manhattan

New York – The driver of a Mercedes car rear-ended a truck that was double-parked in the street just before 5:00 in the morning in the Harlem section of Manhattan yesterday. Reports indicate that the delivery man who was driving the truck was inside of a local business making a work delivery when he left his truck parked in the middle of the street. The driver of the car apparently didn’t see the truck and caused the rear-end collision. Her vehicle then veered across the road and crashed into a tree, causing massive damage. The front-seated passenger of the car suffered a severe head injury with fatal brain damage. He was declared dead in Harlem Hospital due to the accident injuries according to emergency department doctors. The man who was killed in the crash was identified as being from Jackson Heights in Queens, NY. The female driver also suffered facial injuries but is expected to survive. Police have arrested the woman on suspicion of drunk driving. While police will continue investigating the cause of the accident, this type of deadly motor vehicle crash will require an expert accident lawyer to determine fault. The truck driver may be considered negligent for leaving the delivery truck in the middle of the road, while the possible drunk driver may also bear fault. You can read more about the collision here.

Photo for illustrative purposes only. Photo Credit: Brad P. [License]

$300,000 Verdict for Victims Injured in Rear-End Car Crash

New York — A couple in their 60s were read-ended in a car accident while they were stopped at a red light. They both suffered accident injuries and decided to file a personal injury lawsuit. They claimed that the defendant was a negligent driver. With the assistance of a car accident lawyer with Morrison & Wagner, the couple received a jury verdict that awarded them over $300,000.

Illustrative Photo Credit: Rian Castillo [License]

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Couple claimed car crash caused knee, shoulder injuries (VerdictSearch)

Verdict Amount: $300,000

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Court: Bronx Supreme, Bronx County, New York

Injury Type(s): knee – meniscus tear; other – labrum tear; other – physical therapy; surgeries/treatment – arthroscopy; surgeries/treatment – knee surgery

Case Type: Motor Vehicle – Passenger, Rear-ender, No-Fault Case, Multiple Vehicle

Date: April 8, 2011

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

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Facts:

On Aug. 23, 2007, the plaintiff, 69, a retiree, was driving on Third Avenue, near its intersection at East 188th Street, in Harlem. His wife, plaintiff’s decedent, 63, a homemaker, was a passenger. When the man reached the intersection, he stopped at a red traffic signal. Before he could resume travel, his vehicle’s rear end was struck by a trailing vehicle driven by a man who was not the owner of the vehicle. The plaintiff claimed that he sustained injuries of his knees. His wife claimed that she sustained injuries of a knee and a shoulder. She subsequently died, but her death was not related to the accident.

The injured plaintiff, acting individually and as administrator of his wife’s estate, sued the driver and the owner of the vehicle. The plaintiffs alleged that the driver was negligent in the operation of his vehicle. The plaintiffs further alleged that the vehicle’s owner was vicariously liable for the driver’s actions.

Defense counsel conceded liability. The matter proceeded to a summary jury trial that addressed damages.

Injury:

The plaintiff drove to Metropolitan Hospital Center, in Manhattan, and he underwent minor treatment.

The injury victim ultimately claimed that he sustained tears of his knees’ menisci. On Sept. 26, 2007, he underwent arthroscopic surgery that addressed the injury of his left knee. On Jan. 25, 2008, he underwent arthroscopic surgery that addressed the injury of his right knee. He contended that he also underwent several months of physical therapy.

The plaintiff claimed that he suffers permanent residual pain that prevents his resumption of one of his favorite activities: gardening. He sought recovery of damages for his past and future pain and suffering.

The man’s wife was placed in an ambulance, and she was transported to Metropolitan Hospital Center. She underwent minor treatment.

The injured woman ultimately claimed that she sustained a tear of her right knee’s meniscus; a tear of the labrum of her right, dominant arm’s shoulder; and a tear of the same shoulder’s rotator cuff, though the latter injury was not definitively diagnosed. On Dec. 31, 2007, she underwent arthroscopic surgery that addressed her right knee. On Jan. 3, 2007, she underwent arthroscopic surgery that addressed her right shoulder. She also underwent several months of physical therapy. She died some eight months after the accident had occurred, but her death was not related to the accident.

The deceased woman’s estate sought recovery of damages for her pain and suffering.

The parties stipulated that the plaintiffs’ total damages could not exceed $150,000.

Defense counsel contended that neither plaintiff sustained a serious injury, as defined by the no-fault law, Insurance Law § 5102(d). She claimed that their injuries stemmed from age-related degenerative conditions that were not related to the accident. She challenged the extent of the plaintiff’s treatment, noting that he could not produce any record of having undergone physical therapy, and she questioned the extent of his pre-accident gardening activities. She also noted that doctors did not definitively diagnosis a tear of the injured woman’s right shoulder’s rotator cuff.

Result:

The jury found that each plaintiff sustained a serious injury. It determined that their damages totaled $375,000. The plaintiff’s share totaled $200,000, which comprised damages for past and future pain and suffering, and the wife’s estate was allocated $175,000, all for pain and suffering.

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Judge: Yvonne Gonzalez

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.

Brooklyn Bridge motor vehicle crash leaves multiple injured victims

New York – A 3 car pile-up car accident on the Brooklyn Bridge reportedly began when a broken down car was rear-ended by a second vehicle. The disabled car had been parked in the right lane of the roadway when it was struck by the second vehicle. However, a third car then slammed into the second, causing that second vehicle to roll over. The roll-over accident then caused a passenger to be ejected from the car. Police believe that the driver of the car that flipped over was drunk driving, possibly causing the first collision. The suspected drunk driver was arrested and brought in for further investigation according to officials. By the end of the triple vehicle car crash, there were at least seven injury victims who required emergency evaluation and treatment. Several of the victims suffered with neck and back pain, which may indicate spinal damage, according to medical specialists. They explain that the spinal injury could be simple muscle aches but could also be indicative of fractured vertebrae, herniated discs, disc bulges or even spinal cord damage.

This accident was reminiscent of a recent ambulance accident where the ambulance also rolled over. That collision also occurred in Brooklyn, very close to the exit for the Brooklyn Bridge. The accident involved an SUV truck that was hit by the ambulance, that was travelling with emergency lights and sirens as it was responding to the scene of an unrelated crash. There were four people with injuries in the accident, including the two EMTs working on the ambulance. See details about the multi-vehicle Brooklyn Bridge accident here.

Illustrative photo by: Alex Proimos from Sydney, Australia [CC BY 2.0], via Wikimedia Commons

Bus crash injures dozens in Lincoln Tunnel

New York – Upwards of 40 accident victims were injured when one bus rear-ended another during rush hour commute into Manhattan this past week. The rear-end collision occurred when a New Jersey Transit bus filled with commuters collided with a school bus filled with children. The school bus was transporting the school kids into New York City for a graduation trip when the bus accident occurred. Initial analysis shows that the commuter bus driver was unable to stop in time to avoid the crash during traffic. Further investigation was necessary to determine why this was the case, and to rule out driver negligence or criminal activity, such as drunk driving or driving under the influence of drugs. Commuter advocates say that some bus drivers are not properly trained or don’t always follow safety regulations, leading to increased dangers on the roads. For example, drivers need to make sure that they are well rested and not tired from driving shifts that are longer than permitted. In addition, drivers must direct their full attention to the roadways and traffic conditions, adjusting their driving accordingly. However, some activists warn that bus drivers, much like car and truck drivers, have become too distracted by things such as texting while driving, talking on a cell phone or adjusting the radio. These actions create a dangerous condition that is more likely to lead to this kind of accident.

The injury victims were treated on the scene and some were transported by ambulances to various hospitals. Others were directed to see their private doctors for evaluation and treatment of their injuries. Experts note that some of these injuries may not become fully evident until hours, days or even weeks after the motor vehicle collision. For example, what starts off as a mild stiff neck or backache can sometimes worsen and end up creating a permanent injury with spinal injuries and nerve damage. If you or someone that you know are injured in a vehicle crash, it is advised to see a physician or go to an emergency room for evaluation. You also have the right to speak to a top injury attorney who has expertise in dealing with personal injuries after a motor vehicle accident. See this site for more about last week’s bus accident.

Illustrative Photo Credit: Doug Kerr [License]

Reckless driver blamed for car crash that injured 7 people in Manhattan

New York – A young woman driving in a busy shopping district of Midtown Manhattan initially rear-ended an SUV truck but then tried to flee the scene, according to witnesses. The hit-and-run car accident was followed by another car crash when the woman backed into a different car, injuring the other driver. Police investigations show that the initial car then collided with and crushed five more pedestrians when the woman’s car jumped the curb. It is unclear if this was another attempt at escaping the scene of the crash. The pedestrian accident left all of the victims injured on the sidewalk, necessitating transport to an emergency room for further evaluation and treatment of unknown injuries. The incident then ended with the woman’s car slamming into a building, injuring her as well. That brought the total of injured people to seven, according to hospital officials. Police suspect that the woman was driving under the influence of alcohol or drugs, sparking her reckless driving and attempt to flee the scene of the collision. She possibly faces drunk driving charges pending the outcome of testing.

Reports show that three additional serious motor vehicle crashes occurred elsewhere in New York City over the past two weeks. The first involved a middle-aged pedestrian who was struck by a car and killed on the Lower East Side. An unrelated pedestrian accident approximately several hours later killed another victim who was walking near a Brooklyn intersection. That collision has been labeled as a hit-and-run accident as well and police continue to search for the driver. Then, only minutes later, a bicycle collision caused fatal injuries to the bicyclist after he was struck by a taxi cab in Lower Manhattan. Find out more about the rising epidemic of severe NYC traffic accidents here.

Illustrative photo by MrFish (friend’s work) [GFDL, CC-BY-SA-3.0 or CC-BY-SA-2.5-2.0-1.0], via Wikimedia Commons