We obtained an excellent settlement of $400,000 for a client injured in a motor vehicle accident. The client sustained an ankle fracture with various complications caused by his diabetes.
This was an extremely difficult case regarding proof of liability. The client lost control of his vehicle on one of the parkways in Westchester County. He crashed into a retaining wall, and the crash caused his vehicle to become disabled in the right lane. The client went outside of his vehicle to check the damage. Upon returning to the vehicle he was struck by a Metropolitan Transportation Authority police vehicle.
Liability was very difficult because the client had three strikes against him. First, the client’s own negligence placed him in a zone of danger. He lost control of his car and crashed into the retaining wall. Second, again the client placed himself in the zone of danger; he left his vehicle and was in the traffic lane when he went to check his damage. Third, the client’s disabled vehicle was not readily visible to oncoming traffic. The client’s vehicle was under a bridge on a curve, and his auto was not readily seen from a reasonable distance. The police officer from the MTA claimed that he could not avoid the collision due to all of these factors.
We were able to show that the MTA police vehicle was speeding and changed lanes in a negligent manner. In sum, the MTA vehicle operator failed to note the client’s disabled motor vehicle. We enlisted an accident reconstruction engineer to prove our case; the MTA did not employ an expert to prove its defense.
Michael Goldfarb negotiated the case.
If you have been injured in a motor vehicle accident, please feel free to contact me at 800-581-1434. I will be honored to help you.
Prior case results do not guarantee a similar outcome.
Mark E. Seitelman, 11/9/08, www.seitelman.com.