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Tag Archives: pedestrian accident

August 30, 2017 News
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Injuries from taxi accident involving two cabs on Manhattan street

New York – This car crash involved two taxis that collided after one of the drivers apparently ran through a red light. Witnesses of the red light accident explained that one of the vehicles, a minivan, T-boned the car, causing that second vehicle to jump the curb. After running onto the sidewalk, it crashed into pedestrians who were eating in a restaurant’s outdoor seating area. One of the accident victims was a baby who was thrown from his stroller and fell to the ground. He suffered a leg injury with suspected broken bone. Several additional injury victims were passengers in one of the cabs. The young child was the most seriously injured in this sidewalk accident according to authorities. It should be noted that the taxi driver that allegedly caused the collision can face both criminal charges for running a red light and reckless driving as well as civil personal injury lawsuits. Community activists expressed concern about dangerous drivers who operate taxis. They note that close training, licensing and monitoring of these drivers is essential to prevent injuries and wrongful death. Only three weeks ago another young child was struck and killed by an unlicensed cab driver in Rockland, NY. Activists demand answers and changes to prevent additional pedestrian accidents like this in the future. You can find out more about this taxi versus pedestrian collision here.

Photo for illustrative purposes only. Photo Credit: Peter Burka [License]

May 30, 2017 News
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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]

May 23, 2017 News
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Electric bicycle accidents and injuries in New York City

New York – Accidents and injuries involving electric bicycles (e-bikes) are becoming ever more common and worrisome. Large cities, like New York, continue to be plagued by congestion on the roads as well as sidewalks and crosswalks. However, public safety advocates note that the dangers posed by this combination of electric bike crashes and urban congestion are causing an uptick in injuries and even deaths. They explain that the high speeds of an e-bike along with sometimes careless driving behaviors of both bicyclists and motorists can lead to disaster. A bicycle accident involving a traditional bike is dangerous enough but the increased speed and distracted driver problems seen with the newer electrical bikes increases the risks. Some e-bikers dangerously weave in and out of traffic while others speed on sidewalks and through crosswalks, blatantly ignoring traffic signs and signals. More frequent and more serious injuries from e-bike crashes have been noted in some locales, prompting an outcry from community activists. They warn that government officials, police and e-bike riders must take decisive action to prevent injury and wrongful death. The New York Police Department (NYPD) has started crackdowns to confiscate illegal electric bikes from city streets. Pedestrian accidents and car crashes involving these illegal bicycles will hopefully continue to diminish as these crackdowns continue, according to safety experts. This article has more details about the safety concerns and dangers regarding illegal electric bikes.

Photo for illustrative purposes only. Photo Credit: Blondinrikard Froberg [License]

April 30, 2017 News
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Woman struck and injured by porch furniture blown down in the wind in Manhattan

New York – A heavy wooden-based hammock fell approximately five stories off of a Manhattan apartment building porch to the street below. The accident occurred last week during a rain storm that produced heavy winds, apparently throwing the piece of furniture over the guardrail and crashing down onto a pedestrian below. The female accident victim, a tourist visiting New York City, suffered severe injuries during the accident and subsequently was taken to a hospital. Witnesses to the fall and crash explain that the victim suffered a head injury and emergency department doctors were evaluating her for additional injuries. This type of pedestrian accident, while rare, is not unheard of. In fact, it is for this very reason that laws and regulations are in place in New York to properly secure deck and patio furniture, especially during heavy wind storms. Investigators are looking into the specifics of this case to determine whether or not the hammock was secured. However, a top accident attorney noted that further investigation should be undertaken to determine if any negligence was involved that may have contributed to this injury. Check out this site for more details on this fall accident.

Illustrative Photo Credit: Werner Vermaak (originally posted to Flickr as Immobilized Patient) [CC-BY-2.0], via Wikimedia Commons

February 28, 2017 News
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Another pedestrian struck by tow truck on Long Island

New York – This is not the first time that a pedestrian accident involved a tow truck according to police. This latest tow truck accident occurred in Suffolk County and left the accident victim with serious injuries. The woman was crossing the street when she was suddenly hit by a truck, leaving her with multiple injuries. She was taken by ambulance to Huntington Hospital for emergency treatment, according to reports. Officials say that a similar tow truck crash versus a pedestrian occurred several months ago in Nassau County, Long Island. That collision in November killed the pedestrian woman. Of note, many tow truck operators complain that their job places them in a dangerous situation, exposed to dangerous or distracted drivers. This tow truck driver was injured at work when he was hit by a car while hooking up a disabled car. The worker in that case also died of his accident injuries. Authorities warn that everyone must maintain vigilance and safety when around a large truck such as this. Read more about the most recent tow truck collision here.

Photo for illustrative purposes only. Photo by David Shankbone [CC-BY-SA-3.0 or GFDL], via Wikimedia Commons

October 26, 2016 News
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Horrific pedestrian accident with two child victims in Queens

New York – The driver of green Chevrolet car hit two child pedestrians as they crossed the street just two days ago. The accident victims were walking to school that morning when the car collided with them and caused severe injuries. The girls, only 13 years old, were thrown to the ground, with one of them suffering a serious head injury with traumatic brain injury (TBI). Sadly, that girl died of the crash injuries while doctors feverously tried working on her in the emergency room. The other victim of the crash is being treated for a leg injury with possible broken bone or nerve damage. Local activists from the Ozone Park community have expressed their outrage about this accident with injuries and wrongful death. They say that better street signs, traffic signals and crossing guards are needed to prevent more collisions, injuries and deaths. They demand that the city council take immediate action to ensure the safety of pedestrians, bicyclists and drivers alike. Some have asked why it has to come to this, with a serious accident and someone getting killed before the authorities take appropriate safety actions. Check out this article for up-to-date information about this fatal pedestrian accident.

Illustrative Photo Credit: COD Newsroom [License]

May 25, 2016 News
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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]

March 08, 2016 Case Success Stories
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$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.

March 07, 2016 Case Success Stories
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$ 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.

March 07, 2016 Case Success Stories
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$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.