New York Injury Lawyers Blog

A Brooklyn (NYC) jury recently awarded nearly $41 million to a man who is paralyzed as a result of a hit-and-run car accident. Plaintiff, 49 year-old Matthew Falcone Jr., was injured while crossing a Brooklyn intersection in 2006 . Falcone claimed that he was struck by a pickup truck driven by Franklin Williams. Williams did not stop until another motorist blocked his path after the accident. Williams contended that Falcone merely brushed against one side of his truck. However, at trial plaintiff produced photographs showing significant damage of the truck's windshield and front end.

The jury found Williams liable, and awarded $40,876,000 to Falcone. Falcone sustained multiple facial fractures, as well as a traumatic brain injury that caused him to slip into a coma. The coma lasted several weeks, and he is permanently paralyzed of the left side of his body. His right side remains weak, and he is confined to a wheelchair. He also suffers residual impairment of his speech, diminishment of his cognitive abilities, and incontinence of his bladder and bowel. Falcone resides in a rehabilitative facility.

Defense counsel has moved to set aside the verdict.

Two people were seriously injured in a car accident on the Long Island Expressway in New York yesterday. Both are in critical condition.

Police reports indicate that one vehicle was going the wrong way on the eastbound side of the expressway before colliding with a shuttle van at approximately 6 a.m. The accident occurred near the Kissena Boulevard exit. The van was empty except for the driver.

Both drivers were brought to the New York Hospital Medical Center of Queens in critical condition. Police are investigating the crash.

Website Resources:

NYPD: Wrong-way car slams shuttle van; 2 critical, Albany Times Union, July 5, 2010.

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.

Three members of a Spring Valley, New York family were seriously injured in a trucking accident on Route 304 in New City, NY at the corner of Johnsons Lane on April 8, 2010. The trucking accident occurred at approximately 3 p.m.

Both the driver, a forty-five year-old woman and her husband were seriously injured in the crash. They were transported to Nyack Hospital where the woman was categorized as being in critical condition. The husband was in serious but stable condition. A 7-year-old girl was sitting in the back seat at the time of the crash and was less seriously injured. She was reportedly transported to Westchester Medical Center after sustaining injuries to her leg.

Website Resource:

3 seriously hurt in truck-car accident in New City, Journal News, James O'Rourke and Hema Easley, April 9, 2010.

Recently a New York State trooper was injured in a car accident on the Taconic Parkway when his cruiser was struck by a sport-utility vehicle. The out-of-control SUV hit the cruiser, which then struck a parker flat-bed truck. The New York State trooper was sitting in his vehicle while investigating the scene of an earlier accident near the Route 100/9A exit.

The trooper was taken to Westchester Medical Center for care. He reportedly suffered "substantial" injuries. The truck driver suffered a back injury and the SUV's driver sustained minor injures.

Resource:

Trooper Injured in Taconic accident, Journal News, Danielle De Souza, February 27, 2010.

A baby in a stroller was struck by a tractor trailer in Yonkers, NY the morning of April 3, 2010. The child reportedly suffered a fractured pelvis and leg. The baby's mother was pushing her child in a stroller when the truck, traveling north on South Broadway, hit the stroller in front of 340 S. Broadway at 10:30 a.m.

The baby, who fell out of the stroller, was taken to Jacobi Medical Center in the Bronx for treatment. The mother was not injured.

The accident remains under investigation.

Website Resource:

Child Hit By Truck In Yonkers, Journal News, Rebecca Baker, April 3, 2010.

On Tuesday, January 26, 2010, Ray LaHood, U.S. Transportation Secretary, announced a federal ban on texting for commercial truck drivers while driving. This new law, which took effect immediately, expressly prohibits texting by drivers of commercial vehicles such as large trucks and buses. Report shows that drivers who text are more than 20 times likely to get into an accident than non-distracted drivers.

Drivers who text while driving commercial vehicles will be subject to civil or criminal penalties of up to $2,750.

On December 30, 2009, President Obama also signed an Executive Order directing federal employees not to engage in text messaging while driving government-owned vehicles or operating government-owned equipment.

"We want to make it crystal clear to operators and their employers that texting while driving is the type of unsafe activity that these regulations are intended to prohibit", said Anne Ferro, Administrator for the Federal Motor Carrier Safety Administration (FMCSA.) FMCSA is also working on additional regulatory measures that will be announced in the coming months.

Mother of two, Julie Stratton, was killed last month when a big rig hit her disabled car in Buffalo, NY. Authorities now believe that truck driver, Thomas Wallace of Brook Park, Ohio, collided with the 33-year-old woman's car because he was watching pornographic material as he drove.

The 45-year-old truck driver is being held in the Genesee County Jail in Buffalo, NY and is charged with 2nd degree manslaughter. Authorities also believe that Wallace violated Federal-trucking rules by sleeping no more than 4 of the 27 hours before the crash occurred.

Straton's car was pulled over to the side of the road because she had hit a deer and stopped to call 911 for assistance.

Website Resources:

Police: Trucker viewed porn before fatal NY crash, Washington Post, January 27, 2010.

A New York trucking accident took the life of 31-year-old Jill E. Mattice, a 6 1/2-year veteran of the Oneonta State Police. Officer Mattice was pronounced dead at the scene after colliding with a tractor-trailer.

The truck was driven by 33 year old F.M. Saggese of West Oneonta. The investigation into the crash remains open.

Website Resources:

State Trooper killed in collision with truck, WKTV, January 20, 2010.

Reports indicate the number of accidents and injuries taking place on some New York bridges and in tunnels are on the rise. The Bronx-Whitestone, Cross Bay, Marine Parkway and Throgs Neck bridges all saw accident increases as did the Queens Midtown Tunnel. However, the roadway the saw the greatest increase in accidents and injuries is the Verrazano-Narrows.

There were 57 more accidents in 2009 than in 2008 and 17 more injuries reported. Officials' plan is to add more personnel and MTA officers to the Verrazano-Narrows detail in an effort to stop speeders and control the chaos.

Report: Accidents Increase On Verrazano, Decrease On RFK, New York Post, Tom Namako, December 9, 2009.

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.

A 78 year-old actress, Shami Chaikin, is in critical condition after being struck by a New York (NY) Parks Department garbage truck. Ms. Chaikin was riding a mobility scooter in the bicycle lane near her home in Greenwich Village (NYC) at the time of the accident.

The trucking accident occurred at approximately 9 a.m. Ms. Chaikin was immediately taken to St. Vincent's Hospital by emergency personnel where she underwent surgery. She is reportedly in critical condition.

Website Resources:

Actress, 78, run down on mobility scooter, Julia Dahl and Sill Sanderson, New York Post, November 6, 2009.

Robert Huestis, a 52 year-old sanitation worker in Lake Carmel, NY, suffered injuries to his ribs and chest when the sanitation vehicle he was driving slipped out of gear after he parking on a hill. He was reportedly exiting the vehicle when it began rolling down the hill. The door to the vehicle caught Mr. Huestis as he was exiting and dragged him approximately 30 feet until colliding with a tree.

He was taken to Putnam Hospital by Emergency Personnel. His injuries are reportedly not life threatening.

The Lake Carmel Sanitation Department is conducting an invesigation into the cause of the accident, specifically whether a mechanical malfunction resulted in the truck slipping out of gear.

Website Resources:

Sanitation worker in Lake Carmel dragged, hurt when parked truck rolls, Journal News, Terrence Corcoran, December 2, 2009.

Continue reading "Lake Carmel New York Sanitation Worker Dragged Thirty Feet After Sanitation Truck Slips Out of Gear" »

According to a December 1, 2009 Newsday report, a motorist died and a passenger was seriously injured in a car accident on Jericho Turnpike in Huntington, New York (Suffolk County). Scott Mazzio, the 19 year-old driver of the vehicle, a Huntington resident, died in the crash that occurred at approximately 2 pm yesterday. The passenger, Sarah Triola, was being treated at Huntington Hospital for her injuries.

According to police reports, Mazzio was driving east on Jericho Turnpike when he collided with an unoccupied, flatbed truck that was parked by the intersection of Jericho Turnpike and Warner Road. The owner of the parked, flatbed truck was reportedly issued two summonses for equipment violations after the accident.

Website Resources:

Driver, 19, killed, passenger hurt in Huntington crash, Newsday, John Valenti, December 1, 2009.

Continue reading "Suffolk County (NY) Motorist Dies And Passenger Seriously Injured In Jericho Turnpike Collision" »

The estate of a 55 year-old single mother with four children settled a trucking accident case involving a tractor-trailor for $125,000 In Queens County, NY. The plaintiff died instantly after being struck by the tractor-trailer. Plaintiff's estate claimed that she had completed turning after stopping at a stop sign. The defendant tractor-trailer contended that the decedent suddenly drove into his path, thereby making the crash unavoidable.

Plaintiff's engineer argued that the markings in the roadway indicated that the plaintiff-decedent had already completed her turn and that the defendant should have been able to avoid the accident. The plaintiff-decedent died instantly. No evidence of pain and suffering would have been offered had the case proceeded to trial. The case settled pre-trial for $125,000.