$1,500,000 Settlement for Pedestrian Struck By Turning Vehicle at Bronx Crosswalk

A 54-year-old woman was crossing the street within the crosswalk with the traffic signal in her favor when she was suddenly hit by a left-turning van. As a result of the incident, she suffered serious injuries, including a labral tear in her right shoulder, cervical herniated disc, and multiple tears in her knees. Represented by attorneys at Block O'Toole & Murphy, she received a $1.5 million settlement.

Court and County
Supreme Bronx

Age and Occupation of the Plaintiff
Plaintiff was 54 years old on the date of the accident and employed as a cake decorator for Zaro's Bakery.

Facts and Allegations
Plaintiff, a pedestrian, was attempting to cross Bruckner Boulevard within the crosswalk with the crosswalk signal in her favor when she was struck by Defendant's van which was attempting to turn left onto Bruckner Boulevard. The Defendant claimed Plaintiff was not crossing within the crosswalk but rather in the middle of the street and that he did not see Plaintiff because of the weather conditions which included sleet and snow.

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Injuries/Damages
Plaintiff sustained an injury to her neck as a result of the accident. After conservative treatment failed to provide any relief she was referred for an MRI study of the cervical spine which revealed a herniation at the C5-C6 level. When all attempts at continued treatment failed to provide any relief Plaintiff was recommended for, and underwent, a fusion surgery at the C5-C6 level. As a result of the fall Plaintiff also sustained injuries to her knees bilaterally. MRI studies confirmed multiple tears to both knees requiring bilateral arthroscopic surgeries. Additionally, Plaintiff sustained a right shoulder injury. Again, after conservative treatment failed to provide relief Plaintiff was referred for an MRI that revealed a labral tear resulting in an arthroscopic surgery.

Plaintiff was unable to return to work after the accident and most likely will never work again. Additionally, as a result of these significant injuries plaintiff has been unable to engage in her activities of daily living. Plaintiff testified how the injuries have prevented her from working and caring and playing with her young grandchildren, which is crushing to her spirit.

The Defendants argued that the impact was minimal and Plaintiff's cervical spine injury, bilateral knee injuries, and right shoulder injury were all degenerative in nature and not causally related to the subject accident and that all diagnostic studies failed to illustrate any traumatically induced injuries. Further, defendants argued that no further treatment was necessary for any of the claimed injuries and plaintiff can engage in all activities of daily living without restriction.

Plaintiff made claims for loss of earnings, past and future medical expenses, as well as pain and suffering and loss of enjoyment of life.

Case Result
The parties negotiated a $1,500,000 pretrial settlement.

Attorneys
This case was handled by Stephen J. Murphy, Esq. and Michael J. Hurwitz, Esq.

Top Compensation for Pedestrians Hit by Cars Within Crosswalks

Our attorneys are skilled at litigating pedestrian accident lawsuits and have recovered numerous results for injured pedestrians, including a $32 million record-breaking jury verdict. Our staff works tirelessly to ensure that our clients receive maximum compensation that they are entitled to under the law. In 2016 alone, Block O'Toole & Murphy recovered 6 of the 10 highest auto accident settlements in New York State.

Select results* for pedestrians hit by cars within a crosswalk include:

  • $4,000,000 settlement for a 12-year-old child who was crossing the street within a crosswalk when she was hit by a vehicle in Brooklyn. Our attorneys negotiated a $4 million settlement, with a guaranteed payout of $10,581,576 and an anticipated payout of $19,394,595
  • $2,056,656 verdict for a high school teacher who was hit by a public bus while she was crossing the street at an intersection
  • $1,500,000 settlement for a pedestrian who was walking within the crosswalk in Manhattan when she was hit by a vehicle owned by the City of New York
  • $1,350,000 settlement for a pedestrian who suffered multiple fractures and a herniated disc after she was hit by a bus within a crosswalk
  • $1,300,000 settlement in a Queens case for a pedestrian who suffered leg fractures after she was hit by a right-turning vehicle while she was walking across the street with the walk signal in her favor

For a free legal consultation, simply call: 212-736-5300

*Prior results do not guarantee a similar outcome.