$475,000 Recovery for New York Pedestrian Struck by Van

Pedestrian vs Van

William Hepner obtained a $475,000 recovery out of a $500,000 insurance policy for a 75 year old pedestrian after a liability trial in which the jury decided that the defendant automobile driver was 75% at fault for the accident, even though our client was struck when he crossed a street in the middle of the block, in an attempt to get to his double-parked car.

Defendant blamed plaintiff for the accident, alleging that plaintiff darted out from in between a parked yellow school bus and another car, and ran into the side of her vehicle. Bill successfully convinced the jury that the defendant had actually passed the double-parked school bus a few car lengths from where the plaintiff was crossing, and without looking, swerved back into her lane, striking plaintiff as he attempted to cross the street. Bill argued that her story was unbelievable given the fact that defendant's windshield was cracked, and that she did not have photos show the claimed damage to the side of her van. Moreover, on cross-examination, Bill pointed out numerous inconsistencies between defendant's trial testimony and her deposition testimony of one year earlier.

Plaintiff sustained a fracture to his ankle that required surgery, with the insertion of a plate and screws. He also fractured his collarbone and part of his shoulder. Although plaintiff was 75 years old at the time of the accident, he was working as a messenger and was a very active man. We were prepared to prove in the damages portion of the trial that plaintiff's lifestyle was dramatically altered. The defendant's insurance company made no offer to settle prior to the verdict, claiming that the plaintiff was totally at fault for the accident. It took the trial of the action to obtain this excellent result.

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