New York Motor Vehicle Accident - Wrongful Death
A $500,000 settlement obtained for the family of a 37-year-old immigrant factory worker who was struck by a delivery truck while riding his bicycle.
WRSH partner Kenneth Halperin was able to obtain a settlement in the amount of $500,000 on behalf of the family of a 37-year-old immigrant factory worker from Brooklyn. The man was riding a bicycle through a four-way intersection along the local streets of Bushwick, Brooklyn on his way to work early one morning, when a delivery truck entered the very same intersection from an intersecting side street and caused an impact with the bicyclist, knocking him to the ground. WRSH brought suit on behalf of the man's estate against the truck driver and his employer on the theory that the accident was caused solely by reason of the driver having failed to properly observe the bicyclist and yield the right of way to him. Sadly, our client died from internal injuries shortly after the accident and he was never able to provide his own sworn version of the accident. WRSH associate Joseph Stoduto personally conducted an extensive investigation into the accident, canvassed the area of the accident, interviewed potential eye witnesses to the accident, and was able to obtain witness affidavits implicating the truck driver for having caused the accident. Joseph conducted an extensive deposition of the defendant truck driver and was able to prove by his very own testimony that the driver should have been able to observe the bicyclist and yield the right of way to him, but that he failed to do so. Joseph engaged the defendants in motion practice which ultimately led to a settlement which was very favorable for our clients and resulted in a total recovery of $500,000 which was the full limits of the defendants' liability insurance coverage.