Bus Driver Awarded $145K in Motor Vehicle Accident
by
Joseph C. Maya on Apr. 14, 2017
Accident & Injury Accident & Injury Car Accident Accident & Injury Personal Injury
Summary: Blog post about a traffic accident case where a bus driver received an award of damages of almost $150,000.
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The plaintiff bus driver, in his late 40’s, argued that after he resumed traveling after stopping at a bus stop situated before an intersection, the defendant automobile driver, to his left, suddenly made a right hand turn, cutting him off and causing the collision. The defendant maintained that she was already in the course of the turn when the plaintiff resumed and struck him. The defendant also pointed out that his turn signal was on.
The plaintiff played a video captured by the bus's on board camera, which the plaintiff contended showed that he was moving when the defendant made the right turn. The video also showed that the defendant's right turn signal was on. The plaintiff contended that he suffered severe soft tissue cervical injuries, which, in addition to extensive pain, also prevented him from turning his neck more than 45 degrees. The plaintiff maintained that this restriction prevented him from working for approximately two years. He contended that his reimbursement for economic loss in excess of “basic economic loss” was not dependent on proving a “serious injury” under the no-fault law.
The jury found the defendant 100% negligent. The awarded $135,000 for economic loss that was reduced by $50,000 because of personal injury payments (PIP) and $10,000 for pain and suffering under the 90/180 day provision of the no-fault law. The plaintiff's $60,000 demand was met with a $15,000 offer. The defendant had a $100,000 policy.
At Maya Murphy, P.C., our personal injury attorneys are dedicated to achieving the best results for individuals and their family members and loved ones whose daily lives have been disrupted by injury, whether caused by a motor vehicle or pedestrian accident, a slip and fall, medical malpractice, a defective product, or otherwise. Our attorneys are not afraid to aggressively pursue and litigate cases and have extensive experience litigating personal injury matters in both state and federal courts, and always with regard to the unique circumstances of our client and the injury he or she has sustained.
Source- Loffredo v. Gail, 32 NY. J.V.R.A. 12:7, 2015 WL 9854525 (Dec. 7, 2015).