$1,097,000 Verdict for Driver Struck by 18-Wheel Tractor Trailer

Our client was struck by an 18-wheeler as he passed through an intersection. Both vehicles saw the other before the collision occurred, and both claimed that the other vehicle ran a red light. The impact points on our client’s vehicle, however, proved that he had been the first one through the intersection. Represented by Block O’Toole & Murphy, he was awarded $1,097,000.

Court and County
Supreme, Kings

Plaintiff Description
Our client was working as a delivery driver at the time of the accident.

Description of Case
Our client’s van was struck by the Defendant’s 18-wheeler at an intersection. Both parties claimed that the other vehicle ran a red light.

Our client was travelling 25 mph and was about 10 feet from the intersection when he first saw the Defendant vehicle, which he estimated was about 20 feet from the intersection. Our client briefly hit his brakes until he realized that he still had the green light and thus the right of way. He continued driving and was struck in the side rear portion of his vehicle right as he was clearing the intersection.

The Defendant claimed that he was about 10 feet in front of his stop line when he first saw the Plaintiff, and that his light was green at this time. He claimed that our client was travelling more than 35 mph, and that he went from the left turning lane to the right through lane right before passing through the intersection. The Defendant claimed that he hit his brakes once he realized that our client wasn’t stopping, but that his vehicle began to skid because it was raining, and the roads were wet.

The Defendant, who is from out-of-state, claimed to be lost at the time and had never been through that intersection before. Our client, meanwhile, is a Brooklyn native and knew the area well, having been through that intersection at least 10 times before. The impact points at our client’s van were in the side rear, which showed that our client had indeed gone through the intersection before the Defendant.

Injuries
As a result of this accident, our client suffered injuries to his knee and back, including a torn meniscus in his left knee and a loss of the natural cervical lordosis in his spine. Multiple surgeries were performed on the knee, including a medial meniscectomy, but our client began to suffer from persistent knee pain, as well as numbness in both upper and lower extremities.

Our client also dealt with persistent headaches following his accident, and he was eventually diagnosed with a subdural hematoma, which refers to bleeding that occurs just outside the brain.

Despite persistent physical therapy, the pain in his left knee and leg continued, and it was determined that our client would require a knee replacement at some point in the future.

Settlement/Verdict Amount
$1,097,000

Handling Attorneys
This matter was handled by Partners Jeffrey A. Block and Daniel P. O’Toole.