With mass transit in NYC, a MTA Bus Accident is not uncommon. In this accident, we can see how just following directions can go wrong,. A 43-year-old driver followed the police officer’’s directive to pull over, after blocking the junction box during rush hour. He pulled over toward the front of a bus stop. The stop was slightly beyond the intersection. While trying to talk the officer out of giving him a ticket, his vehicle was struck by a bus.
MTA Bus Accident Arguments
After the MTA Bus Accident, the victim argued that the bus driver negligently attempted to pull into the bus stop at a very sharp angle. He hit the driver because this angle was too sharp. The bus driver said he saw the stopped vehicle as he went toward the bus stop. The driver claimed he pulled in safely to discharge riders. Afterward, the driver of the car started driving and hit the bus. The crash injured the man. He was taken to the hospital by ambulance. Diagnostic tests performed at the hospital did not show any bone breaks, and he was let go the same day. After that, he followed up with an orthopedist who recommended MRIs of the spine. The tests showed a problem in his neck which required fusion surgery.
The injured man (plaintiff) started a case against the City of New York and New York City Transit Authority. He claimed that the bus driver’s testimony given at the deposition was inconsistent with his trial testimony. Specifically he believed the bus driver continued to say at trial that the plaintiff started moving and struck him, the incident occurred as the bus driver was pulling into the bus stop. The injured driver showed the jury the pictures that he took after the accident. They showed that the plaintiff’s vehicle emergency lights were on. In his opinion, this showed that the bus had struck his car rather than the other way around.
Under New York State threshold law, the injured person must establish that he or she sustained a “serious injury” as a result of a motor vehicle accident. The law states specific categories of injuries that constitute a “serious injury.” The plaintiff must demonstrate that his or her injuries fall within the statute. Approximately seven years earlier, a different vehicle hit the same injured driver from the rear. Because of a injury sustained in that collision, he required a lumbar fusion. At that time, he worked as a food delivery driver and was unable to work for five years after the spinal surgery.
The Damages From the MTA Bus Accident
After the previous accident, the victim returned to part-time work two years before the MTA Bus Accident. During that time he earned approximately $8,500 during the first year and $9,500 in the year preceding the bus accident. He further claimed that he has not worked since the bus collision. Never returning to work was the most likely scenario for this injured victim. In the bus accident. he suffered a cervical herniation which needed fusion surgery.
This included the insertion of hardware into his spine. He also claimed aggravation of the prior lumbar herniation. This required spinal cord stimulator. He argued that this treatment provided limited relief and that he will permanently suffer severe pain and permanent limitation of his body functions. Plaintiff asserted that he was always very handy around the home and now experiences great difficulty with everyday chores and must depend exclusively on his wife’s support. At trial, the defendants failed to present any examining physician to rebut plaintiff’s claims.
The jury for the MTA Bus Accident found that the plaintiff met the threshold requirements. The jury found defendant 100% at fault. They awarded plaintiff over $12,000,000. This include $3,000,000 for past pain and suffering, $7,000,000 for future pain and suffering. It also included over $300,000 for future loss of earnings, and $400,000 for medical expenses. If you find yourself injured after an accident, contact our lawyers for further assistance.