$2,000,000 Settlement for Auto Accident Victim Who Was Hit by a Car That Ran a Red Light

Our client, a 52-year-old NYC sewer treatment worker, was stopped at a red light at a Brooklyn intersection. When the traffic light turned green in his favor, our client proceeded into the intersection and was struck by another vehicle that failed to stop at a red light. As a result of the collision, our client suffered a worsening of pre-existing neck and back injuries. Despite conservative care, our client ultimately required surgery to treat his injuries. Represented by partners Jeffrey A. Block and S. Joseph Donahue, our client received a $2,000,000 settlement.

Court and County

Supreme Court, Kings County

Plaintiff Description

At the time of the accident our client, 52, worked for the New York City Department of Environmental Protection as a sewer treatment worker. Our client continued to work after the accident.

Description of Case

At the time of the accident, our client was driving a 2004 Ford Edge SUV southbound on Bushwick Avenue in Brooklyn. As he proceeded through the intersection of Bushwick Avenue and Metropolitan Avenue, he was struck by Defendant, driving 2017 BMW 440i eastbound on Metropolitan Avenue. The impact was between the front of Defendant’s vehicle and middle passenger side of our client’s vehicle. The impact was heavy, with our client’s vehicle suffering $21,000 in damage, a total loss. Both Metropolitan Avenue and Bushwick Avenue are two-way roadways, with two travel lanes in each direction. The intersection is controlled by a red, yellow, and green traffic control signal.

Our client testified that he was stopped at a red light and when the light turned green in his favor, he proceeded into the intersection and was struck by Defendant approximately 4-5 seconds later. Our client did not see Defendant’s vehicle prior to impact. Defendant driver testified that he was stopped at a red light on Metropolitan Avenue for approximately two minutes and when the light turned green he proceeded into the intersection and was struck by our client, who ran a red light. An eyewitness at the scene, testified that he was travelling directly behind our client and that our client had a green light and Defendant ran a red light. However, another eyewitness, identified by Defendant, testified that Defendant had a green light and that our client ran the red light. During deposition testimony, we were able to establish that the eyewitness identified by Defendant gave an account of the accident that was inconsistent with Defendant’s version of events.

Damages
Our client left the scene with his vehicle on tow truck, was picked up at an auto body shop, and went home. He felt stiff and went to bed. The next day he went to work and then sought medical care with his primary care doctor, where he complained of back pain radiating down his leg and pain in his neck. He was given pain medications and advised to follow up for further care. Several days later, he went to a medical facility where he had previously sought treatment in 2013 and 2014 for neck and back pain related to two prior motor vehicle accident. He made complaints of pain in his neck and back and began a course of physical therapy. He also sought treatment with a pain management specialist and a neurologist. Despite conservative care, he continued to have neck and low back pain, with numbness and tingling down his right arm into his hand and down his left leg into his foot.

Following conservative care, including multiple lumbar epidural steroid injections (LESI), Plaintiff underwent a lumbar percutaneous discectomy. The surgery did not alleviate his pain and he subsequently underwent an L4-S1 lumbar fusion surgery.

We alleged that as a result of the collision, our client sustained a worsening of the pre-existing neck and back injuries that he suffered in his 2013 and 2014 motor vehicle accidents. While the prior accidents resulted in injuries to his neck and back, resulting in the need for physical therapy, acupuncture, EMG’s and MRI studies, we argued that his condition improved prior to this accident and that he returned to work and full activities. We claimed that the worsening of his injuries in the accident here resulted in the need for surgery.

Settlement

This matter settled at a mediation prior to trial for $2,000,000. The case was handled by partners Jeffrey A. Block and S. Joseph Donahue.