The narrow streets and heavy traffic in New York City means that at some point you may need a Scooter Accident Lawyer. Recently, one of our clients found himself in this position. On the date of the accident, the victim was riding down the street. The scooter required him to have a valid motorcycle license. He of course had a valid license. He is a Polish immigrant and American citizen who worked in carpentry his entire career. His expertise is so well known and lauded, that he was immediately made a journeyman upon his entrance in the union in 2013. He dedicated his life to providing for his loving wife, a teacher in the New York City School System, and his two children.
The Scooter Accident
The need for a New York City Scooter Accident Lawyer arose when the carpenter was heading to downtown Manhattan to do renovation work. He drove this route over a hundred times. The intersection of Maurice and Borden in Queens, New York is a 4-way intersection. Traffic lights controlled the streets in all directions. The victim noticed the light was red as he approached the intersection. Upon seeing the red light, he came to a stop. In order to stop, he slowed the scooter, applied the brakes, and put both feet soundly on the asphalt. He patiently waited his turn. The defendant, who was driving a company pick-up truck, was not so courteous.
Once the light turned green, the carpenter proceeded into the intersection. Just as he was almost through, the defendant, coming from the opposite direction, made a sudden unpredictable left turn in front of the carpenter’s scooter. The carpenter did everything he could do to avoid the accident. He hit his brakes, he swerved to the left and positioned his body as best he could. Despite his efforts, he was unable to avoid the defendant and collided with the rear-passenger of the defendant’s pick-up truck. The impact was brutal. The carpenter hit his head, right shoulder, and right side on the bed of the pickup. The impact threw him violently to the ground, tearing both his clothes and his skin.
Why a Scooter Accident Lawyer is Necessary in New York City.
Immediately following the accident, the carpenter was taken by ambulance to Elmhurst Hospital., He complained about his right shoulder and rib area.
The X-rays revealed a displaced fracture to the collar bone and a displaced fracture to the fifth rib on his right side. Additional testing showed that he had a SLAP tear in his right shoulder which needed surgery.
The doctor needed to re-anchor his tendon, as it was torn away in the accident. Additionally, he broke his collarbone. During the same surgery the doctor performed and open distal clavicle resection, subacromial decompression and acromioplasty. After a long course of medical treatment and significant effort, the carpenter was lucky enough to be able to return to work, but he was never the same. Unfortunately, he still has pain lifting objects with his right arm, working over his head, and doing his everyday activities as a carpenter, husband and father.
In what ca,me as no surprise to the Scooter Accident Lawyer, the defense tried to blame the plaintiff for the accident. They attempted to say that it was the carpenter who ran the red light, and not the other way around. Their client claimed that he had the green arrow and that the carpenter was irresponsibly swerving through traffic. At the time of the accident, the defendant was working, so both he and his employer were on the hook. They offered $100,000.00. The injured carpenter turned down this low offer of settlement and proceeded to trial.
The Trial
At the beginning of the trial, it was clear that the insurance company’s case was not going to come together. It was evident to the NY Scooter Accident Lawyer that their client’s story did not make sense. There was no proof that the carpenter ran the red light. In fact, quite the opposite. The location of the impact itself was key in showing the insurance company that their client was in the wrong. We prepared several exhibits including photographs and reports for the trial. Before a jury was selected, the insurance company upped their offer to $250,000.
The injured driver, upon our advice, still rejected the offer and moved forward. After picking the jury the insurance company realized they were not going to win. They offered $750,000. Once again, plaintiff rejected the offer. Just before Opening Statements and only through a judge that insisted on higher settlement from insurance company, the parties agreed to settle for $850,000. An amount that would finally do justice for the plaintiff. In personal injury cases a lot of times the insurance company will attempt to “lowball” an injured plaintiff in hopes that the plaintiff will not want to go to trial. This case, like so many others, is why all cases must be meticulously prepared to continue forward until a fair settlement agreement or jury award is achieved. Don’t be fooled by insurance companies, contact a reputable law firm that can help you.
