New York Injury Lawyers Blog

A Brooklyn (NYC) jury recently returned a $40 million verdict in favor of a construction worker severely injured when a Verizon truck struck him in 2006. Matthew Falcone, 53, was hit by a Verizon truck traveling 50 miles an hour near his Gravesend home.

Falcone suffered a traumatic brain injury and is partially paralyzed as a result of the pedestrian accident. After the crash, Falcone was in a coma and not expected to survive. He spent several weeks in the hospital, but has made a remarkable recovery. He hopes to be discharged from the Staten Island nursing home where he currently resides and move in with his sister in the near future.

Attorneys for Falcone expect the verdict to be appealed.

Website Resource:

Construction worker wins $40 million after being struck by Verizon van, Scott Shifrel, NY Daily News, May 28, 2010.

Two pedestrians were reportedly struck by a car at Old Post Road and Route 22 in Bedford, NY earlier this evening. The older of the two pedestrians was transported to Westchester Medical Center with serious injuries immediately after the accident.

The car also struck a younger woman, but no information was immediately available about her injuries or where she was treated. The accident is still under investigation.

Website Resource:

2 hurt in Bedford accident, Journal News, Danielle De Souza, May 15, 2010.

A Brooklyn (NYC) cab driver was reportedly drunk when he struck and killed a pedestrian. The 36 year-old driver has been charged with DWI and Vehicular Homicide.

The victim, a 50 year-old male, was crossing W. 6th Street and Avenue O in Gravesend at approximately 6:45 pm on January 1, 2010. The driver reportedly had the green light. However, if it is proven that the driver was intoxicated at the time of the accident, he or his company could still be found civilly liable for the pedestrian's pain and suffering and wrongful death.

Website Resource:
Brooklyn cabby in 'DWI' kill Mows down man, NY Post, Christina Carrega and Time Perone, January 2, 2010.

Elmhurst Hospital Center has issued a report stating that the number of people struck by vehicles during 2009 in certain sections of Queens is on the rise. Over the past few years, the number of pedestrian injuries has increased. In 2007, 215 injuries were reported and in 2008, 240 injuries were noted. In 2009 the number reached a 10-year high with a reported 256 pedestrian injuries reported.

Certain areas in Queens seem to be more problematic than others. These include Queens Boulevard and 63rd Drive, Roosevelt Avenue near 64th and 69th Streets, and
Northern Boulevard near the BQE. The 2nd Annual Pedestrian Injury Summit was held at Elmhurst Hospital Center in and effort to solve this problem. Medical, transportation, and law enforcement specialists joined community members to generate ideas to remedy this growing problem.

Website Resources:

Elmhurst Hospital Center study shows number of people struck by vehicles in Queens is on rise, Daily News, Lisa Colangelo, January 22, 2010.

Multiple accidents occurred across New York City this past Tuesday that resulted in three fatalities.

46-year-old Rosemary Pratt of Sheapshead Bay, Brooklyn was hit by a forklift on East 14th street in Midwood. She was rushed to a local hospital, but died 30 minutes after arrival. Mary Mason, 59, from Crown Heights Brooklyn, met a similar fate when a passing fuel truck struck her down as she crossed Pacific Street just before noon.

A female bicyclist also fell victim on Tuesday. The unidentified cyclist was travelling down Delancey Street on the Lower East Side of Manhattan around 5pm when she was hit the side of a school bus. She was immediately crushed by the rear wheels and died at the scene.

A Staten Island couple escaped death when a Honda Civic hit them during a jog on Dole Street. Both were taken to the hospital and one was said to be in critical condition. The driver of the vehicle was a 34-year-old Brooklyn man named Gypsy Porfirio. He has been charged with criminal possession of a controlled substance and operating a vehicle while impaired by drugs.

Website Resources:

City accidents claim lives of bicyclist, two pedestrians, NY Daily News, Kerry Burke, John Lauinger, Erica Pearson, Wil Cruz, Rachel Monahan and Mike Mclaughlin, January 6, 2010.

Richard Liebson of the Journal News reports that on January 7, 2010, an elderly Harrison woman was struck by a motor vehicle while crossing Davis Avenue in White Plains at approximately 3 p.m. The Harrison native's name has not been released. However, she was taken from the scene to Westchester Medical Center for treatment of her injuries, including a leg injury.

No charges were filed against the motorist. No additional details were available at the time of this post.

Continue reading "Westchester County Pedestrian Accident Attorney Report: Elderly Harrison Woman Struck Crossing Davis Avenue In White Plains" »

A seventy-one (71) year-old male pedestrian, Richard Jenson, was struck by an oncoming vehicle on Mamaroneck Avenue in Mamaroneck, NY on Saturday night, December 26, 2009. The driver of the vehicle, Peter Hand of Portchester, reportedly did not see Jenson until he stepped out into traffic. Jenson hit the vehicle's windshield and fell to the ground. He was taken to Jacobi Medical Center while unconscious for treatment of his injuries. At the time of this report, he is listed as in critical condition.

Police are still investigating the accident. There is no pedestrian crosswalk at that intersection. However, according to the police report, an eyewitness told police that Jenson "appeared to have no regard for oncoming traffic" when he was crossing.

Website Resources: Man, 71, hit by car, injured while crossing Mamaroneck street, Journal News, Aman Ali, December 29, 2009.

Leslie Korngold of the Journal News reports that 2 pedestrians were struck by a vehicle in front of the Greenburgh Police Department earlier today. The man and woman were crossing Tarrytown Road at approximately 9 am. They were reportedly crossing the street near Hillside Avenue where there is no crosswalk.

Immediately after the collision, they were transported to Westchester Medical Center for treatment of their respective injuries. Both pedestrians suffered injuries to the back and neck. The man was going in and out of consciousness.

The driver of the vehicle refused medical attention. The pedestrian accident is currently under investigation. The names of the parties involved have not yet been released.

According to a Journal News report by Rob Ryser, a 62 year-old pedestrian was struck by a vehicle on Wheeler Avenue in Peekskill, NY early yesterday morning. The cause of the Westchester County motor vehicle accident is currently unknown.

The pedestrian accident reportedly occurred at approximately 7 am at the intersection of Route 9 and Wheeler Ave. The name of the injured party has not been released. However, she was taken to Hudson Valley Hopsital for treatment of her injuries.

Continue reading "Westchester NY Pedestrian Accident Attorney Report: Peekskill Pedestrian Struck By Vehicle" »

According to a Journal News report of December 3, 2009, Anna B. Werner, a 57 year-old Connecticut resident, was struck by a vehicle while crossing the street by the Purdy's, NY train station. The accident occurred at approximately 5:45 pm Tuesday after she came home from work. She was reportedly struck by a westbound 2002 Ford Explorer driven by Gabe Hohner of Mahopac. No charges are to be filed against Mr. Hohner.

Tragically, Ms. Werner died from her injuries after being transported to Danbury Hospital by emergency personnel.

The pedestrian accident reportedly occurred in a dark area along Route 116 where many commuters park. Investigator, Michael Davis, is quoted as saying, "It was dark in that location. The nearest street lamp was about 200 feet away."

Continue reading "White Plains, NY Car Accident Attorney Report: Commuter Dies From Injuries After Being Struck By Vehicle Near Northern Westchester Train Station" »

The New York Appellate Division, Second Department recently held that a driver who has struck an intoxicated pedestrian can seek contribution from a bar or restaurant under the Dram Shop Act. O'Gara v. Alacci, 2009 WL 3047886, 2009 N.Y. Slip Op. 06668 (2d Dept Sept. 22, 2009).

Under the New York Dram Shop law, bar and restaurant owners owe the public a duty not to serve alcohol to anyone who is visibly intoxicated. In the O'Gara case, the Second Department reasoned that since the driver is a member of the "public", he or she may seek contribution from a bar that has breached its duty to refrain from selling alcohol to the visibly intoxicated.

Accordingly, if an accident is caused in part by a violation of the Dram Shop Act, a driver who strikes a pedestrian is permitted to seek contribution from the bar or restaurant for serving the visibly intoxicated pedestrian-plaintiff. However, the Court also held that the visibly intoxicated pedestrian-plaintiff is not owed a duty by the bar or restaurant, and as such, has no independent cause of action against the bar.

An elderly couple from Staten Island was the victim of a hit and run driver. Peter Sabados, 78, and Lillian Sabados, 77, were struck by a white van as they walked to evening mass carrying canned goods for the Thanksgiving food drive. The van was driven by Allmar Lekperic, 26, who fled the scene and later ditched the vehicle. He also had his sister help him mislead investigators.

The accident occurred on New Drop Lane at Third Street. Many people in the community have had concerns about this crossway for sometime. In fact, church officials claim to have had a meeting with the Department of Transportation on the same day that the hit and run occurred. DOT officials were not able to confirm this meeting.

Lekprec later turned himself in to authorities. He is charged with leaving the scene of an accident with fatalities and driving with a suspended license.

Website Resources:

Couple killed in Staten Island 'hit-run', NY Post, RICH CALDER, LARRY CELONA and LEONARD GREENE, November 27, 2009.

A 40 year-old Bronx (NYC) resident, Sonya Powell, was killed while attempting to cross the street in her Wakefield neighborhood in the Bronx at approximately 8 pm on November 27, 2009. Her fiance was walking with her at the time, but managed to avoid the oncoming vehicle.

The 2007 Infiniti that struck Ms. Powell was driven by Sheldon Reid. Reid fled the scene of the accident, but was later arrested and charged with Aggravated Unlicensed Operation of a Vehicle and Leaving the Scene of an Accident Fatality. Reid was reportedly also arrested for driving with a suspended license in 2001.

Powell, an immigrant from Kingston, Jamaica, worked as a nurse's aide at a Riverdale nursing home.

Website Resources:

Driver nabbed in fatal Bronx bride-to-be hit-and-run was behind wheel with no license, Daily News, Henrick Karoliszyn, Sarah Armaghan AND Wil Cruz, November 28, 2009.

Continue reading "Bronx, NY: Hit And Run Driver Kills Pedestrian Walking With Her Fiance" »

The plaintiff in a Westchester County, NY pedestrian car accident case recently settled for $700,000. The plaintiff, a 45-year-old male, allegedly suffered bulging discs at L4-5 and L5-S1 after being struck by defendant's car while crossing the street. The defendant's vehicle (vehicle #1) was reportedly trying to avoid a collision with another vehicle (vehicle #2), who swerved in order to avoid hitting the plaintiff in the roadway.

The plaintiff claimed that the drivers of both vehicles failed to take evasive action to avoid the accident, failed to keep a proper lookout, drove at excessive rates of speed, and failed to yield the right-of-way to a pedestrian. The plaintiff further contended that the driver of vehicle #2 was employed by California Closet Co. and Westco Closet Corp. at the time of the accident, and that these entities were vicariously liable for the driver's actions.

The defendants denied liability and contended that the plaintiff failed to cross the roadway at a designated crosswalk. However, the case settled pre-trial for $700,000.

A twenty (20) year-old Somers resident and University of Tampa student, Erik Nicoletti, was tragically struck in a hit and run accident on the campus this past Saturday. Nicoletti was reportedly crossing the street with a friend at approxmately 1 a.m. Both were injured in the crash.

Nicolletti suffered a severe head injury and was originally placed on life support. It now appears that he will be taken off these measures at some point today. The other pedestrian involved, Cree Riley, of Pennsylvania, is reportedly in serious but stable condition.

The driver of the vehicle, 27 year-old Andres Trujillo, abandoned his car immediately after the crash, but later turned himself into police. Trujillo was apparently reaching down to pick up a dropped cigarette at the time of the accident.

Website Resources:

Somers college student critically injured in Tampa hit-run, Journal News, Barbara Livingston Nackman, November 23, 2009.