Maintenance Worker Involved in Low Speed Accident with a Tractor Trailer
Our client, a 28 year old maintenance worker, was involved in a motor vehicle accident in Brooklyn, NY. Our client was driving his work vehicle when it was involved in a low speed impact with a tractor trailer. The police officer who responded to the accident noted that our client was making an illegal left hand turn at the time of the impact. Neither vehicle was towed from the scene. As a result of the collision, our client sustained injuries to his lower back.
The defendants took the position that our client's injuries were caused by a prior accident where he claimed identical injuries. The defendants claimed that the light impact, coupled with the prior MRI films showing the same injury, conclusively proved that this accident did not cause our client's injuries.
Wingate, Russotti, Shapiro & Halperin was able to prove that since the defendant driver's story at his deposition was so different from his statement in the police report, it was our contention that he would come across as completely incredible to a jury. Additionally, the firm contended that although our client had substantially similar injuries in his prior accident, the impact aggravated his pre-existing herniated discs thereby causing the need for back surgery.
Despite the fact that our client did not undergo back surgery, that liability was questionable and that our client had similar injuries, the firm was able to negotiate a settlement in the amount of $225,000 while the case was still in the discovery phase, several years before trial.