Pedestrian Struck by Company Van While Crossing Street
Kenneth J. Halperin recently obtained a $1,000,000 settlement for a woman who was injured while crossing the street. The evidence in this case established that the plaintiff began to cross the street on Fifth Avenue in Manhattan when at some point the light changed to green for vehicles turning onto Fifth Avenue. The defendant who was making a left a turn with his van at the time proceeded into the crosswalk, failed to look for pedestrian traffic and ran her over with his van.
The defendant tried to blame the plaintiff for the accident by contending that she was crossing against the light. However, Ken was able to prove that the defendant driver had a duty to yield to pedestrians. The defendant driver was given a ticket for failing to do so by the Police at the accident scene.
The $1,000,000 represented the entire limits of the defendant's insurance policy. However, due to the significance of the plaintiff's injuries we were able to convince the defendant, a corporation, to also personally repay plaintiff's medical expenses that were still outstanding at the time of the settlement.
As a result of the accident, our client sustained a traumatic brain injury. The accident left her with some short term memory loss, post traumatic headaches and other cognitive deficits.