Articles Tagged with Motor Vehicle Injuries

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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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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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The U.S. National Transportation Safety Board is now facing accusations that it skewed a study in 2011 precipitating the closing Fung Wah, Sky Express and 24 other Chinatown bus companies.While it appears the Transportation Safety Board made an error in their classification of bus companies, I have represented clients in enough catastrophic accidents involving both Chinatown and traditional terminal-based bus companies to know that curbside buses leave a lot to be desired in the safety category.Just this year I resolved a case for a young father who was killed and a woman who was badly injured on a Sky Express bus accident in 2006, and I am in the early stages of a trial for another Sky Express accident that occurred in 2011, causing the deaths of several passengers.I am also preparing a case for a 2011 accident involving a Worldwide Tours bus, in which over 50 people were killed or injured, and I was recently retained by the family of a young man who was killed in Universal Bus Travel accident in 2013.I have a career’s worth of experience working for victims of accidents caused by the negligent business practices of Chinatown bus companies. I have found time and again that these companies are extremely successful at evading authorities in order to continue putting their passengers’ lives at risk by cutting corners, and I think that the closing of 26 of these companies back in March was no more than a small step in the right direction.One of the largest of these companies was Sky Express, a company that transported passengers between North Carolina and New York’s Chinatown, and whose dangerous cost-cutting practices have caused a number of accidents for which I have represented the victims. Though Sky Express was shut down in 2011, the Department of Transportation never followed through in confiscating the neglected buses they had in operation.Since then, it has been reported that two new bus companies, Ming An and General Bus, have cropped up and inherited much of what was left over from Sky Express. Over half of the vehicles belonging to General Bus were purchased from Sky Express, and half of their drivers were formerly employed by Sky Express, according to the Charlotte Observer. Ming An is also using Sky Express buses and drivers.Since its inception Ming An has been cited and fined numerous times for speeding or having drivers without commercial licenses. According to the Federal Motor Carrier Safety Administration’s records the company is in the bottom .2 percent of bus companies in driving safety.The authorities closed down Sky Express in name only. The same hazardous vehicles and unqualified drivers are still out on the road today.What is scariest about these bus companies is how their cheap prices continue to attract a large client base. The rock bottom rates offered by companies like Ming An, General Bus, and until recently, Fung Wah and Sky Express, combined with their flagrant disregard for safety puts low-income passengers in the difficult position of choosing between their wallets and their lives.The popularity of these Chinatown bus companies represents a real need for low cost transportation between cities in the east coast. But it should never come at the expense of passenger safety.Sources:Bloomberg, “NTSB Defends Study Preceding Chinatown Bus Safety Sweep,” by Jeff Plung, May 19, 2013. Charlotte Observer, “Sky Express Driver Sentenced, But Unsafe Drivers Still Remain,” by Eli Portillo, January 24, 2013.

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