Our client was walking on the shoulder of a busy street on her way to a Metro-North station on a dark and rainy winter morning. When she reached the entrance ramp to a highway, she began to cross over it and she was hit by a car trying to enter the ramp. The driver said she did not see our client because our client was wearing dark clothing and was not crossing at a crosswalk. However, attorney Brielle C. Goldfaden hired an expert in human factors and lighting who verified that there was enough usable light from the headlights of passing traffic and the defendant’s own vehicle to enable the defendant, had she been paying attention, to see our client.
Despite the difficulties on liability, Brielle C. Goldfaden was able to negotiate a sizeable settlement for our client, who suffered a broken leg requiring surgery and post-traumatic stress disorder. On the eve of trial, Brielle obtained a $600,000 settlement for our client for her injuries.