Car Accident Injury

Published on: July 30, 2012

A woman was involved in a motor vehicle accident sometime on October 9, 2009

by Stephen Bilkis

A woman was involved in a motor vehicle accident sometime on October 9, 2009 at the corner of Bellmore Avenue and Sunrise Highway in Nassau County, New York. The police arrived at the scene but no ambulance responded. The woman alighted from her car all by herself and after the initial investigation by the police the woman drove her car from the scene of the accident to her office.

The woman said she felt pain in her lower back and she experienced headaches. She went for an x-ray and consulted a doctor who recommended that she undergo treatment from a chiropractor. She went and saw the chiropractor for about a year and then she stopped seeing the chiropractor and went instead for physical therapy for a few months. She eventually stopped the physical therapy.

As of the time she filed this suit in damages, she was no longer receiving treatment for her injury. She claims that as a result of the accident, she lives in constant pain and she suffered spinal injury particularly, injury to her cervical and lumbar spine. She claims that she has lost significant motion in her spine and she asserts that this spinal injury qualifies as “serious injury.” She claims that the spinal injury has caused a limitation on her use of her spine which prohibits her from her customary daily activities.

Published on: July 25, 2012

On March 24, 2006, a 77 year old man was about to cross the street

by Stephen Bilkis

On March 24, 2006, a 77 year old man was about to cross the street at the corner of Fifth Avenue and West 139th Street. He was hit by a car. This car hit the 77 year old because it was also hit by another car from the back.

The 77 year old man was hospitalized in Manhattan. Later he filed a case for damages and he sued the two car drivers. The 77 year old man presented the medical findings which were made from tests conducted immediately after the accident while the two drivers presented the findings of a neurologist, an orthopedic surgeon, radiologist and a plastic surgeon.

The orthopedic surgeon conducted a range of motion tests on the entire spinal column of the 77 year old man to determine if he sustained any spinal injury. He observed that the movement of his spine is limited but he did not attribute this as resulting from the accident but from his advanced age. All the other medical specialists who examined him all gave the opinion that the 77 year old man suffered no permanent disability or spinal injury. The orthopedic surgeon conducted these tests in 2008, two years after the accident occurred in 2006.

Published on: June 7, 2012

Record Brain and Spinal Injury Payout Goes to 9-year-old Boy

by Stephen Bilkis

A 9-year-old boy who was accidentally run over by his own father on a family day out was recently awarded compensation worth £8.1 million today. This is a record-setting amount for a court-approved award for a spinal injury, a source says.

The boy will need lifelong care after suffering severe spinal and brain injuries in March of 2002 when he was just two-and-a-half years old.

The boy’s father did not see him when he reversed the car at Mead Open Farm, near Leighton Buzzard, Bedfordshire. The father drove over his son.

Published on: May 29, 2012

Roderick McCauley was driving east on Route 3

by Stephen Bilkis

Roderick McCauley was driving east on Route 3 near the approach of the bridge crossing the Raquette River. He noticed a snow plow stopped at the edge, and then it moved forward. It again stopped and moved forward towards him. When he saw this, he drove his vehicle to the right. According to a report, his right wheels were on the shoulder. He drove in the same position at a speed of about 20-25 miles per hour until he passed the snow plow. He tried to turn the car back to the paved road. The front wheel went up, but as he accelerated to bring the rear wheel up, the back end shook and the car skidded across the road. It went through the space in between the guard posts, over the bank and into the river. There were five other people in the vehicle with Mr. McCauley. McCauley and two other passengers drowned, and the three others survived but suffered spinal injuries.

The representatives and the survivors filed a case against the State for the negligence in maintaining the roads, which included the shoulder. They said that the pavement was raised above the shoulder and that there were no guard rails. The Court of Claims in Queens and Westchester said that the elevation was not important because they did not have a reason to be on the shoulder as there was no emergency. They ruled that there is no liability from the State. They said that the car skidded because of the negligence of Mr. McCauley.

The Supreme Court Appellate Division received an appeal for this ruling and reviewed the facts. A Lawyer says that guard rails are set up to protect traffic from special hazards. Special hazards are high embankments, a deep and rapid river, or a sharp mountainside drop. It is their opinion that this is a negligence of the State in the maintenance. They said that it played a big part in causing more casualties. They also said that a careful driver who just trying to avoid an accident from happening should have been able to use the shoulder with no problem if properly maintained. It is not negligence for a driver if he used the shoulder to avoid an oncoming snow plow that may occupy part of the lane that he was using. According to the witnesses, they slowed down in the approach. The contest that he should have stopped on the shoulder or not have continued driving and causing the spinal injury on the shoulder still requires that the State maintain the shoulder of the road properly as it could have cause an accident. If Mr. McCauley was not a cautious driver, he would not have been using that shoulder in the first place and may have hit the snow plow instead.

Published on: May 5, 2012

August 6, 2006 he noticed that O’Brien’s car was haphazardly parked along Church Lane

by Stephen Bilkis

According to a Lawyer this is a case of driving while intoxicated involving minor accident. Robert O’Brien, according to Officer Wenzler who was also the sole witness to everything that happened testified that at about 8:45pm on August 6, 2006 he noticed that O’Brien’s car was haphazardly parked along Church Lane. He also noticed that O’Brien was asleep behind the wheels so he decided to take a closer look to investigate. Upon reaching O’Brien’s car, Officer Wenzler noticed that there was a half empty bottle of Smirnoff vodka in between O’Brien’s legs. He also noticed a couple of empty cans of Budweiser beer on the car floor, at O’Brien’s feet.

The driver’s window was half opened and upon reaching the driver’s side, Officer Wenzler immediately smelled the strong scent of alcohol from inside the vehicle as well as from O’Brien. He also noticed the strong smell of urine, evident from the soiled pants of O’Brien. Officer Wenzler also noticed that the front bumper of O’Brien’s car appeared to have “touched” the rear bumper of the car immediately in front of O’Brien. Upon inspection, there appear to have no major damage on both cars except from evident scratches and a minor dent on O’Brien’s car.

According to further investigation, a source said that when questioned by Officer Wenzler, O’Brien admitted that he was driving while drinking. Officer Wenzler asked for any identification, as well as license and registration which O’Brien was able to provide only after 5 minutes of looking for his wallet which was all along in the back pocket side of his pants. When O’Brien was asked to step out of his car, it was obvious from the way O’Brien moved while exiting his car that he was very much hung over or possibly still drunk. Further, according to Officer Wenzler, O’Brien had glassy stare and blood shot eyes which is very common to people who are overly intoxicated.

Published on: April 12, 2012

This is an unfortunate accident that happened to Richard Jarrett

by Stephen Bilkis

This is an unfortunate accident that happened to Richard Jarrett on September 4, 1972. Jarrett was a passenger in Mr. and Mrs. Kenneth Dell. At around 11 in the morning, the car driven by Mr. Dell had a flat tire along New York State Thruway. Mr. Dell promptly drove the vehicle on the left divider in order to avoid traffic. Unfortunately the jack in the car was defective so Mrs. Dell and Jarrett went out of the car and crossed the three southbound lanes, hoping that they can borrow a jack from somebody in the nearby golf course area.

As Mrs. Dell and Jarrett were coming back to their car, Jarrett carried the jack trailing Mrs. Dell by only a few feet. According to a source, from what Jarrett can recall, it was a clear day. Jarrett was carrying the large part of the jack on his left shoulder and the base on his right hand. Jarrett also testified that before he went ahead to cross the three southbound lanes, he looked to his left to see if there were oncoming traffic. He saw two vehicles approximately 500 yards (1,500 feet) away so started crossing. That was the last thing he remembered and the next thing he knew was he was already in the hospital being looked at by a doctor three months later.

Still according to a Lawyer, based on Mr. Dell’s story from where he was located, before Jarrett crossed the three lanes, there were three vehicles approaching approximately 1000 feet away. He saw the two other vehicles slowed down but the third vehicle, driven by Vincent Madifari, never slowed down. What he saw was when the two other vehicles slowed, Madifari’s car passed by them then swerved to the right. Unfortunately, Jarrett was already on that part of the road. Mr. Dell didn’t actually see the impact but heard impact and the next thing he saw was Jarrett on the ground.

Published on: April 6, 2012

Martin Stone, a truck driver for Ryder Truck Rental had collided with Selwyn A. Vernon’s vehicle.

by Stephen Bilkis

Martin Stone, a truck driver for Ryder Truck Rental had collided with Selwyn A. Vernon’s vehicle. Mr. Stone was driving one of Ryder Truck Rentals trucks. The accident happened on a busy heavy traffic. According to reports, says a witness, Ms. Vernon’s car was in the right lane and the truck driven by Mr. Stone was in the middle lane. The right lane where Ms. Vernon was located was blocked by a double parked vehicle. She then tried to move on the center lane where Mr. Stone’s truck was to get around the double parked car when the traffic light turned red therefore stopping her in between the two lanes. Her car has about halfway in the center lane and half on the right lane. There was also another car in front of Ms. Vernon’s vehicle in the center lane. As soon as the traffic light turned green, Mr. Stone drove his truck forward and struck Ms. Vernon’s car. Ms. Vernon’s car was hit at the rear quarter panel on the driver’s side, says a report. Ms. Vernon and the passenger in the front passenger seat both say that they were not moving when Mr. Stone hit them. The passenger on the rear passenger seat had a different testimony as she said that they had started moving as she sensed movement in the vehicle when the accident occurred. Mr. Stone was not aware that a collision had happened as he did not see Ms. Vernon’s car until after the accident.

Ms. Vernon asked for a summary judgment with regard to the issue of liability. The defendants logically opposed the motion, the defendants being Mr. Stone and Ryder Truck Rental. A rep found out that their claim was there is still a question as to whether Ms. Vernon’s vehicle was moving when the accident happened and if it was the cause of the accident. The court denied the motion of Ms. Vernon. The facts that both parties agreed on was that the traffic light was red and Ms. Vernon said that her vehicle was at least halfway in front of Mr. Stone’s truck. They also agree that the light was green when Mr. Stone drove forward and hit Ms. Vernon’s vehicle. At first glance, the case is already in favor of Ms. Vernon, but the issue if her car was moving and if that movement was a substantial factor in the accident still remains. A rep said, for the court to grant a summary judgment all pertinent questions should already be addressed and eliminated. If there is still an issue raised that needs to be answered or that needs to be examined, then the motion will be denied. There was one dissenting party in the judgment who had said that it could already be determined that the movement in Ms. Vernon’s car was not a substantial factor in the car accident as it was not moving fast when the accident occurred. If the car moved, it was not even able to get to one foot before it was hit. Cases like this are common in The Bronx and Brooklyn.

When it comes to a liability in a car accident, it is sometimes difficult to determine who is liable and who is negligent. There are also cases wherein it is all there and can be decided upon. It does not matter what accident you are a party off you still need a New York Car Accident Lawyer to help you see what can happen. Just like in this case, there was a complication that required them to have another trial.

Published on: April 1, 2012

Tammy Bennett was in a car accident on September 26, 2001

by Stephen Bilkis

Tammy Bennett was in a car accidenton September 26, 2001. She was pregnant at that time. She was taken to a hospital in MacClenny, Florida, near where the incident occurred. Fetal testing was performed, and the medical staff decided to airlift her to St. Vincent’s Hospital. Mrs. Bennett’s kidney failed, and they had to do a caesarean section to get the baby. According to a report, this was done by Dr. Long, her obstetrician. They started the operation at 1:16 p.m., and Tristan Bennett was born at 1:22 p.m. They noted a placental abruption. A placental abruption is a complication of pregnancy. It is when the placental lining has split from the mother’s uterus.

According to the hospital record, Tristan did not cry when she was born. Her breathing was slow, so they had to be resuscitated with a CPR mask face mask with free flowing oxygen. His Apgar score was six at one minute and eight at five minutes. This is considered as normal. The Apgar test is done to determine the health of a new born. It requires a check on the appearance, pulse, grimace, activity and respiration, said a rep. When the Cord Blood gas test was done, it showed a profound metabolic acidosis. This meant that there was something that was causing his kidney not to clear acidity in his body. At first, she was placed at the newborn nursery but was transferred to the special care nursery after about twenty-five minutes because she was having difficulty breathing and the metabolic acidosis.

The initial problems that she had were all resolved. She had other conditions in the week that followed her birth that were all relater to kidney and liver damage. There was no continuing treatment for the respiratory distress. There was no documented neurological damage. A pediatric neurologist was not consulted or requested to check the infant. From the information found by a study, seven days after, she suffered from a pulmonary hemorrhage. There were times that she was not breathing. She was spitting blood from her lungs through her mouth. Her heart rate was really slow. Her condition was unstable the whole day and showed signs of neurologic abnormalities at the end of the day. The following day, more possible seizures and central nervous system tremors were noted. They had electroencephalogram (EEG) and computerized tomography scan (CT) done. A pediatric neurologist was consulted. There was a possible neurological damage which included a multicystic encephalomalacia of the cortex. This is multiple sized cysts in the brain typically when infants suffer a lack of oxygen to the brain.

Published on: March 25, 2012

New York City entered into a contract with Trocom Construction Corp

by Stephen Bilkis

New York City entered into a contract with Trocom Construction Corp. for them to do reconstruction work for Henry Hudson Parkway. The contract included a provision for Trocom Construction Corp. to cover any claim against the State that is from Trocom Construction Corp.’s negligence or failure to meet the terms or the law. The city granted Trocom Construction Corp. permission to restrict traffic on Henry Hudson Parkway to do their work. On the southbound Parkway from West 125th Street to West 100th Street they were allowed to impede traffic at certain hours, and at night when the work was being done. A source said it was limited to right bound lane. The site was required to be well lit. About six months after it was changed to include the right and center lanes but only from one in the morning to six thirty in the morning.

They started to work a few days after the permission was changed. They started setting up a catch-basin on the right lane. The work was indicated by barrels, and they had placed a truck with a flashing arrow board. The barrels were placed from the start of the lane to the truck and up until the end of the construction area. Inside the closed lane was an air compressor.

The same that they started the construction, Richie Vasquez, Rafael Costanza, Osvaldo Rolon and Robert Coello were driving on the southbound lane at around three twenty in the morning. Mr. Coello said that they were travelling at around 50-55 miles per hour, says a report. The speed limit in that road was 50 miles per hour. Another vehicle was coming up fast behind them, and they sped to about 60 miles per hour and swerved to the left fearing that they may get hit. He hit the left curb and lost control of the car. He said that the car spun, and he let go of the steering wheel and did not try the break. The vehicle turned onto the construction zone and hit the air compressor then the guard rail. The car went airborne and landed in the Hudson River. Mr. Rolon died of spinal injuries, and the others were injured.

Published on: March 20, 2012

This is a case of a vehicular accident which has resulted in fatality

by Stephen Bilkis

This is a case of a vehicular accident which has resulted in spinal chordfatality. According to a source, the accident happened on October 30, 2004. At approximately noon of that unfortunate day, Mr. Clayton Sprague, a driver employed by C&J Energy Savers was driving along Jerusalem Ave. He was on his way to deliver goods to one of C&J’s customers. Mr. Sprague was driving a 1987 Ford Diesel tanker. According to investigation, the tanker had a approximate load capacity of 33,000 pounds when fully loaded. My. Sprague’s load at that time was only 2,740 pounds which was within the allowable weight of the tanker. It was also found out during the investigation that Mr. Sprague was driving well within the speed limit because he did not have a deadline or specific delivery time. It was also noted that during his travel along Jerusalem Ave., he stayed on the right lane the entire time.

Still according to reports that reached the police, as Sprague was approaching the red light at the intersection, he slowed down and he had no problems with his breaks. He proceeded with caution until he passed by A. Holly Nursing Home when he noticed two cars travelling along side each other on the east bound lanes of Jerusalem Ave. He did not notice either car signalling to make either a right or left turn. He also did not notice that either car had its headlights on which may indicate a problem. He noticed later on that Maurice Minor’s (the victim) car continued in the left lane but getting dangerously close to the tanker. When Minor’s car was only about 10 feet away from the tanker, it suddenly shifted lanes and went directly westbound in front of the tanker.

Based on the findings of a lawyer who practices in Nassau and Suffolk, Sprague immediately applied his breaks but because of the proximity of Minor’s car to the tanker, there was nothing much Sprague could’ve done. The tanker hit the Minor’s car sending it about 40 to 50 feet away. It was very fortunate that it both Minor’s car and the tanker did not hit anything else in the process.