$12,500,000 Recovered for Pedestrian Struck by Two Vehicles While Crossing the Street in Queens
Partners Daniel P. O’Toole and Frederick C. Aranki secured the settlement for a client who sustained disabling injuries across his body.
| Settlement Amount | $12,500,000 |
|---|---|
| Accident Location | Queens, New York |
| Court / Venue | Supreme Court, Kings County |
| Accident Type | Pedestrian accident at a crosswalk |
| Injury | Severe injuries to the right side of his body, including traumatic brain injury, disc herniations, multiple fractures |
| Case Categories | Catastrophic injury; pedestrian accidents; traumatic brain injury |
| Handling Attorneys | Daniel P. O’Toole and Frederick Aranki |
Court and County
Supreme Court, Kings County
Pedestrian Accident at a Busy Intersection
It had been an average evening for our client as he headed home from his job as a mechanic. The sun had already set, but the sidewalk he followed was illuminated by streetlights, making him visible to drivers passing by. After our client reached an intersection, he waited for the walk sign to turn in his favor, then began crossing the street.
Without warning, our client was struck and knocked to the ground by a vehicle making a left turn. Immediately after, a second vehicle turned left, running over our client as he lay prone on the ground. Neither driver seemed to notice that they had hit someone, and they continued down the road until witnesses on the scene managed to flag them down.
They returned to a devastating sight. Our client suffered grievous injuries across the right side of his body, including a traumatic brain injury, disc herniations in his cervical and lumbar spine, and fractures in his face, skull, ribs, and arm. First responders rushed him to the hospital, where he underwent multiple surgeries and various other treatments over the course of his month-long stay.
Establishing Liability Against the Drivers
It was clear from the outset that both drivers shared some responsibility for the accident – both had failed to notice our client as he crossed the street, even though he crossed with the light in his favor.
But partners Daniel P. O’Toole and Frederick C. Aranki, who handled the case, knew they would have to establish exactly how each driver contributed to the accident.
Both drivers claimed not to have seen our client before striking him. From the second driver, this claim seemed reasonable – our client had been lying on the ground in relative darkness, making him much less visible to other drivers. Though this didn’t absolve the second driver of liability, it did indicate that our attorneys would want to focus on the first driver.
Like the second driver, the first also claimed that he had not seen our client. He argued that our client had been in his blind spot at the time, and that the darkness had made it difficult to see any pedestrians crossing the street. O’Toole and Aranki sensed there may have been more to the story.
Dashcam Footage Helps Refute Defendant’s Claims
Accident footage is commonly captured by traffic and surveillance cameras near the scene, especially in motor vehicle and pedestrian accidents. So, our attorneys tried to obtain footage from the camera stationed at the intersection of our client’s accident.
The camera, however, would prove difficult to access. Despite repeated Freedom of Information Law (FOIL) requests, our attorneys were never able to obtain an official copy of the traffic camera footage. They’d need to find a different angle.
As their investigation continued, our attorneys discovered that another driver at the intersection had captured the incident on her personal dashcam. The footage was then posted to TikTok, where it ended up being seen by one of our client’s family members. That family member alerted our attorneys, who were then able to access the dashcam footage for an unobstructed view of the accident.
This video became the most crucial piece of evidence in the case. It definitively showed that our client had been crossing with the walk sign in his favor – absolving him of any potential blame – and gave a clear view of the impact.
It also helped refute some of the first driver’s claims regarding visibility. Though the driver claimed our client was in his blind spot, the video showed that the impact occurred on the driver’s side of the vehicle. From that position, our client would have been visible to the driver, providing more evidence that the accident was a result of the driver’s own negligence. With this information, our attorneys were able to resolve the case prior to trial, securing a significant $12,500,000 settlement to help our client rebui
Adapting to Life After a Car Accident
Tragically, our client’s injuries left him completely disabled from work. He was 60 years old and had been a mechanic for his entire life. He had dedicated his life to his career, and it was the primary way he provided for his wife and two daughters. The accident didn’t only take away his physical ability to work – it impacted a crucial aspect of his identity.
Additionally, his injuries left him with lingering pain and mobility issues, which he will likely be forced to deal with for the rest of his life. The severity of his injuries caused complications that affect every aspect of his life, making him unable to enjoy the activities he once loved.
This enormous loss needed to be reflected in our client’s compensation. Our attorneys fought tirelessly to not just cover our client’s extensive medical costs, but to provide him with enough money to live comfortably.
Though no amount of money could fully compensate our client for this accident, we hope that this settlement helps him and his family adjust to a new way of life.
Settlement Amount
This case settled for $12,500,000.
Handling Attorneys
This case was handled by partners Daniel P. O’Toole and Frederick C. Aranki.