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Tag Archives: motor vehicle crash

January 17, 2018 Case Success Stories
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$ 1,270,000 Jury Verdict For Nurse Whose Vehicle Was Broadsided

New York – Ms. E. H., a nurse, suffered injuries to her left shoulder and knee as well as her neck and back in a motor vehicle crash. The car accident occurred when another car broadsided the victim’s car on Strickland Avenue in Brooklyn, NY. Ms. H. consulted with expert car accident attorney Stuart Wagner and filed a personal injury lawsuit against the driver of the other vehicle. After going to trial, the jury awarded the plaintiff a verdict of $1,270,000 to compensate her for pain and suffering as well as loss of earnings.

Photo for illustrative purposes only. Photo Credit: History in Photos [License]

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JURY RETURNS verdict $1,270,000 for Plaintiff (as reported in the New York Jury Verdict Reporter)

Jury Verdict: $1,270,000

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Court: Kings Civil, Kings County, New York

Injury Type(s): rotator cuff, injury (tear); shoulder; epidural injections; physical therapy; medial meniscus, tear; lateral meniscus, tear; herniated disc, cervical; herniated disc, lumbar; lower back; back and neck; neck; back; numbness; percutaneous discectomy; radicular pain / radiculitis; decreased range of motion

Case Type: Left Turn — Motor Vehicle Accident — Broadside — Motor Vehicle Crash — Verbal Threshold

Date: 10/20/2017

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

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Facts & Allegations:
Around 7:15 a.m. on Aug 15, 2013, plaintiff E. H., 40, a licensed practical nurse, was operating her vehicle on Strickland Avenue in Brooklyn, when her vehicle was broadsided by a vehicle that was operated by J. L., the defendant, who made a left turn from East 59th Place. As a result of the impact, The plaintiff’s vehicle continued on and struck two parked vehicles on the side of the road.

The plaintiff claimed injuries to her left non-dominant shoulder, left knee, neck and back. The plaintiff sued the defendant. The plaintiff contended that the defendant was negligent in the operation of her vehicle. This was a summary jury trial.

Just prior to jury selection, defense conceded liability. The parameters of the case were $25,000 to the $300,000 insurance policy limits.

Injuries/Damages
The plaintiff drove herself from the scene of the accident to Kings County Hospital. She complained of pain to her chest, neck and back. X-rays were taken of her chest, neck and back, which were negative. She was given painkillers and ibuprofen and was told to follow up with her primary care physician before she was discharged home. The plaintiff claimed she sustained a rotator cuff tear to her left shoulder, a partial thickness surface tear of the infraspinatus muscle, tears of the medial and lateral menisci of her left knee and several herniations at the cervical and lumbar levels.

For treatment, the plaintiff began physical therapy on Aug. 19, 2013 through January 15, 2014, with 46 visits over five months. She later consulted with an orthopedic surgeon. She then went to a pain management physician and had painkillers prescribed, as well as injections to her knee on Sept. 6, 2016. She again had epidural injections to her left knee on Nov. 5, 2016. On Dec. 14, 2016, the plaintiff had bilateral L4-5 epidural injections to her lower back. She still complained of lower back pain and numbness and tingling radiating into both her legs. She then had a percutaneous discectomy at L4-5 with steroid injections, as well as nerve blocks at C5-6 and C6-7. She did not have any shoulder surgery. The plaintiff claims she still has weakness in her shoulder and her knees, a limited range of motion for her shoulder and knees, and that she has difficulty bending, lifting, climbing stairs and tending to her patients. The plaintiff had two part-time jobs. She was an LPN at a private group, a senior living center, where she would supervise other nurses who made house calls. Her other job was at a home health care service. She was not able to work at the senior center from the date of the accident until Dec. 1, 2013. For her other job, she was out on disability from the date of the accident until Nov. 8, 2013. The plaintiff claimed she was unable to do the physical labor involved as a home health nurse, and that accordingly, her position was replaced by someone else. The plaintiff sought recovery for her past and future loss of earnings and her past and future pain and suffering.

Defense contended that the plaintiff alleged injuries were not related to the subject accident. Defense contended that just prior to the subject accident, on July 31, 2016, she presented to Kingsbrook General Hospital when she missed a step and fell, injuring her left knee. Defense contended that her complaints were attributable to that previous fall and not the subject accident. Defense contended that the plaintiff’s injuries were pre-existing, and age and job related, due to the physical nature of working with patients as a home health nurse. Defense contended that if she sustained any injury from the subject accident, that they had resolved and the plaintiff could go back to her regular activities, including working. Defense’s orthopedic surgeon’s records indicated that there was no evidence of orthopedic disability after he examined her shoulder and both her knees.

Result
The jury found that the plaintiff sustained a significant limitation of use of a body function or system, that she sustained a permanent loss of use of a body organ, member, function or system and that she sustained a permanent consequential limitation of a body organ or member for 90 out of 180 days. The jury awarded the plaintiff $1.27 million. In accordance with the parties’ parameters on the policy limits, the plaintiff will receive the $300,000 from the insurance company.

$270,000 past lost earnings
$100,000 past pain and suffering
$100,000 future pain & suffering (over 10 years)
$800,000 future lost earnings (over 20 years)
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$1,270,000 plaintiff’s total award

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Judge: Judge Michael Gerstein

September 28, 2016 News
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Official New York City vehicles increasingly involved in accidents

New York – A comparison in car and truck accident data from 2015 to 2016 involving city vehicles and employees shows some frightening results. The report shows that there was an over 10% increase in the number of collisions involving city municipal vehicles, including ambulances, fire trucks, garbage trucks, buses, city inspector cars and others, but excluding police cars. The most significant intensification in truck and motor vehicle crashes involved ambulances that are owned and managed by the FDNY. Ambulance accidents went up by more than 30% compared to last year. Unfortunately, further data regarding the numbers and types of accident injuries from these collisions has not been made available as of yet. New Yorkers have expressed concern regarding these new statistics, saying that this puts citizen’s lives and health at risk. They note that many of the city vehicles involved in these crashes are emergency vehicles that are speeding or reckless driving, leading to both more accidents as well as more serious injuries and deaths. An ambulance carries extra weight with all of the emergency equipment and the force of these accidents can cause irreparable damage. This holds true even more so for garbage and fire truck and bus accidents. Citizens are quick to point out that they appreciate the many emergency workers and city employees who do their work diligently and watch out for public safety. However, they demand that the city government and agencies work even harder to eliminate the dangers and problems that obviously still exist.

The city has reportedly worked to deal with the dangerous driver issue within their employees but even additional driver safety training has yet to solve the near-epidemic. Some experts wonder if the problem lies with the initial hiring and vetting process within the city’s agencies. Are they doing their due diligence to weed out reckless drivers and other hazards? Has the city done its part in preventing city officials from hiding behind their credentials and agencies when doing something illegal or dangerous? Citizen activists complain that many city workers speed, make dangerous U-turns and park in dangerous locations with impunity. Many questions are yet unanswered but one thing is clear – much more needs to be done to prevent further collisions, injuries and wrongful death. Check out this article for more on the increased city vehicle collisions.

Illustrative Photo Credit: Ethan [License]

April 20, 2016 News
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Long Island ambulance accident kills two victims

New York – Earlier today a private ambulance was involved in a fatal motor vehicle crash on the Southern State Parkway in Nassau County. The ambulance hit a highway overpass support wall while it was transporting a patient in the rear. According to the ambulance company, the EMT and driver of the ambulance were not travelling with lights or sirens, as this was a non-emergency transport. Images from the scene of the collision show that the entire front end of the truck was crushed inward. Additional ambulances from Nassau County were called in to treat the injured victims. Officials reported that the ambulance driver was killed after being crushed inside. In addition, the patient who was being transported in the back also died from the severe accident injuries. The cause of the accident is still being looked into by police. Investigators noted that it appears the driver lost control of the ambulance and slammed directly into the wall. His EMT partner in the back was also injured in the crash, including a suffering a head injury with concussion and leg fracture. That injury victim’s condition is still guarded and he will require hospitalization.

This ambulance collision is reminiscent of previous ones, including this ambulance versus bus crash in Brooklyn, New York and this ambulance and car accident in Queens. Emergency management specialists explain that the dangers involved with operating an ambulance or other emergency vehicle is quite serious. They note that the vehicles are heavier than many other vehicles on the road, require intensive training and constant awareness. Public safety activists worry that some drivers of these trucks are distracted by other things, such as their radios, cell phones or conversations while driving. Proper training to avoid these distracted driver risks is essential. You can see updates about the recent ambulance crash here.

Illustrative Photo by U.S. Navy [Public domain], via Wikimedia Commons

August 17, 2015 News
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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

July 31, 2013 News
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Driver causes accident while going wrong way on New York bridge

New York — One person was killed while several others were injured in a five car accident on the Tappan Zee Bridge this past Wednesday. According to state police, the motor vehicle crash occurred as a result of one of the men who was driving the wrong way on the bridge. They say that the wrong-way driver was travelling south in his SUV on the northbound roadway when he crashed into a car. The other car then rolled over and killed one of the passengers and seriously injuring the driver victim. Three other vehicles were subsequently involved in the pile up during the accident, causing multiple injuries. Reports show that at least one of the accident victims suffered a spinal injury while a trauma specialist notes that further evaluation will be necessary to determine any other injuries to the other people. It has been pointed out that some injuries from a motor vehicle accident do not become fully apparent until days or even weeks after the trauma. Accident investigators were continuing their search for the entire cause of the car crash, including why the man would have driven the wrong way on the highway. Highway safety activists have wondered if proper signs and preventative devices were in place to avert such a dangerous condition. They note that other high-profile car accidents have occurred on New York roads due to drivers going the wrong direction on the highway over the past few years. Some have blamed these accidents on a combination of dangerous drivers that should not have been allowed to drive and confusing on and off ramps. They warn that there is often a lack of signs or other barriers to prevent drivers from entering the highway in the wrong direction. Safety advocates have been challenging the federal, state and local authorities to deal with the hazardous condition, noting that it is their responsibility to do everything possible to prevent accidents and injuries. They exclaim that highway accidents are often more serious, causing more injury and death that other crashes due to the high speeds involved. Investigators say that motorists are more likely to be speeding on an highway and this very often contributes to accidents. Read up more in this article about the recent deadly wrong-way car crash.

Photo by Mohsan Dabiri-e Vaziri (Own work) [CC-BY-2.5], via Wikimedia Commons