The plaintiff crosswalk pedestrian, in her early 30’s, contended that she had completed crossing approximately one-half across the roadway that contained two lanes in each direction, and that the defendant driver should have observed and avoided striking her, notwithstanding that the plaintiff was crossing against the light.
The defendant maintained that the plaintiff’s comparative negligence was the primary cause of the accident because she decided to cross against the light at night, and during relatively heavy traffic conditions. Her attorney hired an accident reconstruction expert in order to establish the defendant’s liability and to minimize the plaintiff’s comparative negligence. The plaintiff’s attorney also obtained a police surveillance video to establish that she was in the crosswalk. She suffered a skull fracture, a subdural hematoma, and required surgery. She was in a coma for approximately one month.
The plaintiff emerged from the coma, and contended that she has been left with a TBI and moderate cognitive deficits involving memory and concentration that are permanent in nature. The plaintiff, who was not working at the time of the collision, made no income claims. The case settled for the $250,000 policy limits before the bringing of suit.
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 Plaintiff Crosswalk Pedestrian with Red Light v. Defendant Driver, 32 NY. J.V.R.A. 12:8, 1000 WL 284988 (Jan. 1, 2016).