NEW YORK MOTOR VEHICLE ACCIDENT
$235,000 SETTLEMENT FOR MAN STRUCK BY CAR WHILE CROSSING THE STREET

WRS Partner, Kenneth J. Halperin, recently obtained a $235,000 settlement for a 67 year old man who was struck by the defendants truck as he was standing in the street next to his car. The evidence established that plaintiff had just parked the car across the street from his home and was adjusting the side view mirror on his car (street side) when the defendant's truck struck him. The defendant contended that the plaintiff entered the roadway from between two parked cars and therefore the truck could not stop in time to avoid the accident. We were able to show based upon the defendant driver's deposition testimony that if he was traveling at a safe speed and aware of his surroundings he should have seen the plaintiff and been able to avoid the accident. We contended that the accident was caused by the driver's inattentiveness.

As a result of the accident, our client sustained a fracture of the right ankle requiring an open reduction and internal fixation.

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