Confidential Pedestrian Accident Settlement

Raphaelson and Levine Law Firm obtained substantial compensation for a client who was struck by a vehicle while he was lawfully crossing the street in Queens. The insurance company defending the vehicle argued that our client was substantially responsible for the collision because, although he was struck in the crosswalk, he turned back to walk in the direction from which he had just come. The insurance company argued that its driver could not be responsible for the collision because the driver had a reasonable belief that it was safe to make its turn when our client had passed through the area where the vehicle was going to turn. However, the insurance company’s assessment of the liability in this case, as well as the New York Vehicle and Traffic Law, was misplaced. The law states that a turn on a roadway is prohibited unless it can be done so with reasonable safety, which in this case, it was not. The driver failed to see what there was to be seen—our client lawfully crossing the street in the crosswalk with the right-of-way. After effectively arguing liability in this case, and based upon the extent of our client’s injuries, the insurance company promptly paid nearly its entire insurance policy. In addition, our client was disabled from the course of his employment for eight months. Throughout this time period, we were able to obtain lost wage payments through New York’s “No-Fault” insurance law for our client in order to support himself while disabled.