Articles Tagged with Motor Vehicle Accident

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$12,500,000 RECOVERY – PLAINTIFF PEDESTRIAN STRUCK BY BUS TURNING LEFT FROM BEHIND HIM AS PLAINTIFF WAS IN CROSSWALK – NYCTA’s INVESTIGATION TEAM CONCLUDED THAT PLAINTIFF WALKED INTO SIDE OF BUS SOME 70 FEET FROM CROSSWALK – PLAINTIFF OBTAINED TRANSCRIPT OF INITIAL CALL BETWEEN DRIVER AND NYCTA THROUGH STATE FREEDOM OF INFORMATION LAW, IN WHICH DRIVER INDICATED THAT INCIDENT OCCURRED AS BUS WAS TURNING – PLAINTIFF WOULD HAVE ALSO POINTED TO OBSERVATIONS OF INDEPENDENT EYEWITNESS WHO WAS NOT REFERENCED IN NYCTA REPORT

Queens County, NY

The plaintiff pedestrian, 40 at the time, contended that as he was crossing in the crosswalk, the defendant driver of a NYCTA bus made a left turn from behind him without making adequate observations, striking him with the left front of the bus and rolling over him. The plaintiff maintained that he suffered severe crush injuries to the lower half of his body and that the injuries included a severe wound to the groin , and the need for a hemipelvectomy in which the leg was amputated at the hip. The defendant sent out a “rapid response investigative team” who concluded that the incident occurred approximately 70 feet from the intersection, after the defendant had completed her left turn and that the plaintiff had walked into the side of the bus. The police report was largely consistent with the NYCTA position.

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A Brooklyn Supreme Court jury has awarded $11.03 million in damages to a deliveryman who was struck from behind by a car as he carted Mexican food on his electric bike. But because of a “high-low agreement” between the parties, arrived at during a nearly two-week damages trial held this month, he will collect $3 million.

Jun Chen, now 41, was riding on his bike in May 2015, on Broadway in lower Manhattan, when he stopped at a red light, according to his lawyer and court documents. As the light turned green, he slowly gained speed when a 2012 Honda sedan, driven by defendant Allan Cooper, “took off fast” from the light and struck Chen from behind, according to James Napoli, Chen’s lawyer.

Chen, who had a bag of Mexican food over the handlebars, was thrown from the bike and landed hard on his right knee before rolling around the pavement in pain, according to Napoli, founder of Caesar, Napoli & Spivak, a 10-lawyer personal-injury firm in Manhattan.

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Nearly 10,000 Americans died from drunk driving collisions in 2014.

Statistics show that alcohol is a factor in over 30% of driving fatalities. Drunk drivers tend to be young—26 to 29 is the highest risk age range—and male—men arrested for drunk driving outnumber women 3 to 1.

Now, thanks to a survey published by CarInsuranceComparison.com, we know which states have the highest occurrences of drunk driving.

The survey gave each state a ranking that takes into account drunk driving fatalities, DUI arrests and penalties, and the laws in place to deter drunk driving, among other factors.
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New Yorkers are no strangers to the aggravations of widespread e-bike use. Up until last year, pedestrians frequently dealt with e-bikes taking up the sidewalk, while many drivers experienced e-bike riders heading the wrong way into traffic.

That’s why, after over a decade of virtually unenforceable legislation, New York finally cracked down on e-bike use.

In July of last year, the NYPD was given orders to hand out tickets to e-bike riders with fines up to $500. Between July and October, police issued over 685 summonses for e-bike and motorized scooter use, and seized 96 vehicles.
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At least nine motorists are dead because of a design change in the highway guardrails produced by Texas-based Trinity Industries Inc.

In 2005, Trinity changed the design of its ET-Plus guardrail systems in order to cut production costs, but in doing so the company created an added danger for the drivers and passengers of cars that collided with the rails.

Trinity was required by law to alert the National Highway Administration (NHWA) of the design change, but it did not. Instead, the company continued to sell its guardrails to state governments under the pretense that the design was the same.  Continue reading →

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The number of drunk drivers has shrunk by nearly a third since 2007. Meanwhile, the number of drugged drivers is on the rise, and the results have proved lethal.
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We see it every time we’re on the road: drivers talking on the phone, texting, or multitasking with various mobile apps. A recent survey confirmed that distracted driving is on the rise in the US, and it has now spread to include apps like Facebook, Instagram and Snapchat.

According to the survey, conducted by Braun research and published last month, 61% of drivers between the ages of 16 and 65 report that they text while driving. 27% use Facebook, and 17% take selfies.

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Only a dozen lawsuits have been filed against Amtrak in the weeks since the deadly train crash on May 12th, but there are more to come, and there is a good chance many of the victims will end up without fair compensation for the injuries they suffered.

8 people were killed and over 200 injured when an Amtrak train derailed while rounding a curve in North Philadelphia. The train’s black box data has shown that it was traveling at a speed of 106 miles per hour in a 50 mile per hour zone.

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Tracy Morgan made his first television appearance Monday, just a few days after reaching a settlement with Walmart over the horrific auto collision last June that put him within an inch of his life. It’s been nearly a year since a Walmart tractor-trailer rear-ended Morgan’s vehicle on the New Jersey Turnpike, but the actor and comedian still has a long way to go to full recovery.

Morgan’s vehicle was flipped on its head during the crash, causing serious injuries to two other passengers and killing Morgan’s good friend, comedy writer James McNair. According to the National Transportation Safety Board, the Walmart truck was traveling at 20 miles per hour over the speed limit, and the driver had not slept in over 24 hours at the time of the collision.

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Large corporations and municipalities are notoriously difficult for wronged individuals to take on outside of a court of law. Of the many recent instances of municipal entities wielding their substantial power to get their way, one of the most infuriating is the bullying of Roselle, NJ resident Ashley Henderson by the New Jersey Transit Corporation.On the evening of June 25th, Ashley was driving with two friends into the city. She paid the toll at the Lincoln Tunnel, and as she was merging into one of the tunnel’s two lanes an NJ Transit bus attempted to pass her in bumper-to-bumper traffic, sideswiping her car and causing around five-thousand dollars worth of damage.In an effort to protect herself, Ashley made sure her friends took plenty of photographs: of her car, the damage, the bus and its license plate. All of the photographs are time-stamped in the women’s phones as having been taken within minutes of the accident. The following day, Ashley reported the incident to the Port Authority, and then contacted NJ Transit to file a claim for damages.The response she received was briefer and more vague than she could have ever imagined.

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