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$1,525,000 for Flagman Struck By Car While Controlling Traffic

Our client, a flagman at a Westchester County construction site, was struck by a vehicle while directing traffic during his shift. He sustained wrist and arm fractures, several herniations to the spine, and a perforated bowel. These injuries required multiple surgeries, and ultimately cost him a year of employment in addition to long-term limitations on his ability to work. A settlement of $1,525,000 was secured before trial by Partners Daniel P. O’Toole and Frederick C. Aranki.

Court and County
Westchester County, New York.

Client Description
Our client was a flagman working for a subcontractor. 

Case Summary
On the day of the accident, our client was conducting traffic control as a flagman at a job site where underground work was being performed. This task meant that he would be required to stand in the roadway in order to direct drivers. A motorist made a left turn onto the street where our client was working, suddenly striking him with their vehicle. This senseless accident resulted in tragic damages on behalf of our client. 

As we tackled this case, we developed three arguments. The first contended that the driver who struck our client should have seen him standing in the roadway and taken action to avoid striking him. The second argued that the evidence demonstrated that the contractor had failed to install proper signage and lighting at the site, thus neglecting their responsibility to maintain a safe work environment. The final argument stated that our client was free from comparative fault and did not in any way contribute to the accident. 

In support of these allegations, we collected depositions from all parties and obtained affidavits and deposition testimony of witnesses. These witnesses were able to provide testimonies that confirmed the employer’s failure to create a safe work environment. According to their testimonies, the subcontractor who employed our client did not provide any signage on the roadway or anywhere in the area leading up to the site of the accident to prepare motorists for potential workers in the roadway. The area was not properly lit aside from select lighting shed onto the manholes. Apparently, the company had removed signage indicating “men working” because the work day was coming to a close, despite flaggers continuing work in the street. 

Injuries and Damages
As a result of this tragic accident, our client suffered a multitude of painful injuries. These damages included a displaced intra-articular fracture of the left lateral radius, a displaced transverse fracture of the right radial shaft, small bowel laceration, cervical spine disc herniations at C3-C4 and C4-C5, and lumbar spine disc herniations at L4-L5 and L5-S1. Our client endured several surgeries, including open reduction internal fixation surgeries and a bowel resection, along with continued conservative treatment of his spine. 

These injuries put our client out of work for over a year, after which he was unable to resume his career as a construction laborer. Now, he is resigned to sedentary work as he is able. Sadly, a physical medicine and rehabilitation specialist assessed our client and opined that his injuries will result in the progression of post-traumatic arthritis in his left wrist. This specialist also opined that our client’s injuries were caused by the accident and offered an estimate for our client’s future medical costs.

Settlement Amount
This matter was settled prior to trial for $1,525,000.  

Handling Attorneys
The case was handled by firm Partners Daniel O’Toole and Fred Aranki.

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