Tag Archives: struck by a car

Award: $1.05 Million -- Pedestrians in Crosswalk Struck by Car in Brooklyn, New York

New York — A man and his daughter were crossing a Brooklyn street when they were struck by a car. The accident victims suffered multiple injuries and underwent extensive treatment. They sought the assistance of the experienced injury attorneys at Morrison & Wagner, who helped them win a total of $1,050,000 in compensation for their injuries, pain and suffering.

Illustrative Photo Credit: Benjamin Bousquet [License]

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Father, daughter claimed motorist struck them in crosswalk (VerdictSearch)

Actual Award: $1,050,000

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Court: Kings Supreme, Kings County, New York

Injury Type(s): hip-fracture; leg-scar and/or disfigurement; head; head-headaches; head-concussion; knee-fracture; tibial plateau-fracture; brain-subdural hematoma; chest-fracture; rib; other-sutures; other-laceration; other-physical therapy; pelvis-fracture (fracture, pubic ramus); shoulder-fracture (fracture, clavicle); foot/heel-fracture; toe; mental/psychological-cognition (memory, impairment)

Case Type: Motor Vehicle – Pedestrian

Date: May 14, 2015

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

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On Jan. 10, 2010, the plaintiff, 62, an attorney, and his daughter, a minor, were struck by, or collided with, a motor vehicle. The incident occurred on Elm Avenue, alongside its intersection at East 14th Street, in the Manhattan Terrace section of Brooklyn. The plaintiff sustained injuries of his head, his knees, a rib, a shoulder and a toe. His daughter sustained injuries of her hips and a thigh.

The injured man, acting individually and as his daughter’s parent and natural guardian, sued the vehicle’s driver and co-owner and the vehicle’s other co-owner. The plaintiffs alleged that the driver was negligent in the operation of his vehicle. The plaintiffs further alleged that co-owner was vicariously liable for the driver’s actions.

Plaintiffs’ counsel claimed that the impact occurred in a crosswalk of Elm Avenue. They further claimed that the daughter and her father were struck by the front end of the vehicle. The driver acknowledged that he later noticed a dent of his vehicle’s front end and that the dent did not predate the accident.

The daughter claimed that the vehicle struck her right hip. Her father claimed that he sustained an injury that prevents his recollection of the impact or any other part of the accident, but Justice Richard Velasquez invoked the Noseworthy doctrine, which specifies that certain impairments permit a reduction of a plaintiff’s burden of proof.

The driver claimed that the daughter and her father entered the roadway and initiated contact with one side of his vehicle. Defense counsel noted that the father sustained a fracture of a toe. He suggested that the injury was a result of the toe having been crushed by one of the vehicle’s tires, and he argued that such a scenario could only have occurred if the plaintiff had approached from one side of the vehicle and stepped in front of one of its tires.

The driver claimed that he had scanned a distance of about 10 car lengths and did not notice pedestrians or oncoming traffic. He acknowledged having told a responding police officer that the sun’s glare hindered his view of the roadway, but he claimed that the statement was a result of nervousness during the moments that followed the accident.


The injured father sustained a concussion, a laceration of his head, a fracture of his right leg’s tibial plateau, which is a component of the knee, a fracture of his left knee, a fracture of his left shoulder’s clavicle, a fracture of his right foot’s first toe and a fracture of a rib. His head’s injury also produced a subdural hematoma.

The accident victim was placed in an ambulance, and he was transported to Lutheran Medical Center, in Brooklyn. His hospitalization lasted four days.

The plaintiff’s treatment comprised a few weeks of physical therapy. He claimed that his concussion has produced lasting effects that include headaches, impairment of his ability to concentrate and impairment of his short-term memory. He further claimed that his residual effects prevented proper performance of his job’s duties and necessitated an early retirement.

The plaintiff sought recovery of damages for past and future pain and suffering.

The daughter sustained a fracture of her pelvis’s left superior public ramus, which is a component of the left hip, a fracture of her pelvis’s right superior pubic ramus, which is a component of the right hip, and a laceration of her right thigh.

She was placed in an ambulance, and she was transported to Lutheran Medical Center. Her right thigh’s laceration was closed via application of sutures. A doctor determined that she was too young to undergo surgical repair of her fractures, so the fractures were allowed to heal naturally.

The daughter retains a scar of her right thigh, but she does not suffer residual pain or limitations. Her father sought recovery of damages for his daughter’s past and future pain and suffering.

Defense counsel contended that the daughter’s injuries healed within a few weeks.

Defense counsel also contended that the injury victim did not sustain a lasting injury of the brain. The defense’s expert neuropsychiatrist opined that a post-accident psychiatric test produced normal results. Defense counsel contended that the plaintiff can resume his job.


During the trial, the parties negotiated a settlement of the daughter’s claim. The defendants’ insurer agreed to pay $150,000.

The jury found that the defendants were liable for the accident. It determined that the injured man’s damages totaled $900,000. That amount, plus the amount recovered via the settlement, totaled $1.05 million.

Father: $400,000 Personal Injury: Past Pain And Suffering; $500,000 Personal Injury: Future Pain And Suffering

Actual Award: $1,050,000

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Judge: Richard Velasquez

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

Pedestrian accident leaves child with traumatic brain injury

New York – The driver of a car in Nassau County, Long Island apparently hit a pedestrian as she was crossing the street over the weekend. The victim, only 10 years old, was struck by a car and suffered a severe head injury. She was rushed to the emergency room of a hospital and listed in critical condition according to doctors. The accident victim was diagnosed with a traumatic brain injury but it is unclear how much brain function was affected. The car accident in under investigation, with investigators looking into the mechanical functioning of the car as well as the actions of the driver.

Trauma specialists explain that a head injury can cause a concussion, loss of consciousness and intracranial hemorrhage. Each of these may be classified as a traumatic brain injury and further investigation and treatment is crucial. A simple concussion may lead to post-concussional syndrome that can leave the victim disabled and unable to function. In addition, intracranial bleeding can lead to a person needing emergency surgery and a coma. Recent research on the topic of traumatic brain injuries in children suggests that treatment can be improved using nutrition. However, the victims and their families can be left with lifelong medical bills, pain and suffering. If you or someone you know suffered a head injury, you have the right to discuss the details of your case with an injury attorney.

Illustrative Image by U.S. Navy photo by Tom Watanabe. [Public domain], via Wikimedia Commons

$ 425,000 Mediated Settlement – Pedestrian Struck by Car While on Sidewalk

A car jumped the curb while exiting a parking lot, hitting a 61-year-old woman who was standing on a sidewalk in Queens, New York. The injuries that she sustained during the crash included a hip injury and pelvic fracture that required surgery to implant a metal pin to repair the broken bone. She was hospitalized for in-patient rehabilitation with physical and occupational therapy for 3 months. The pedestrian accident victim was left with chronic pain, decreased range-of-motion and will likely develop post-traumatic arthritis in those areas, according to her treating doctor. The woman filed a lawsuit against the driver for negligent operation of a vehicle, claiming that this negligence is what caused the accident and her permanent injuries. The driver of the car claimed that he had lost consciousness just prior to the car crash and should not be held responsible for the accident. However, the car accident victim secured the services of Morrison & Wagner LLP, who helped mediate a pre-trial settlement of $425,000 for her injuries as well as her residual pain and suffering. For more of our success cases please check out this link.

Illustrative photo by Nevit Dilmen © [CC BY-SA 3.0 or GFDL], via Wikimedia Commons

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