$2.125M Settlement after Verdict in Stop Sign Accident Case

Stop Sign Accident Case
Stop Sign Accident Case
MINEOLA, N.Y. - June 13, 2024 - PRLog -- Ready, Pascale & Gennarelli, P.C.'s client, a female in her 20's, entered a Nassau County roadway after stopping at a stop sign and was struck by a speeding driver. As a result, she suffered multiple fractures which were treated conservatively and without surgery.

The client, a 21 year old college student, attempted to make a left turn onto Cathedral Avenue in Garden City after stopping at a stop sign when she was struck by a Mercedes SUV which was traveling straight on Cathedral Avenue at a high rate of speed. The initial police accident report indicated that the client's failure to yield the right of way was a contributing factor in the accident.

Under the Vehicle and Traffic law, a driver who has a stop sign has an obligation to come to a complete stop and make sure it's safe to proceed before entering a roadway. Thus, it is generally presumed that the driver with a stop sign is either entirely, or primarily, at fault for the collision.

However, through pre-trial discovery, the attorneys were able to obtain testimony to prove that the driver of the Mercedes was traveling well in excess of the speed limit, while on her phone, at the time of the incident. Nevertheless, the defendant's attorneys and insurance company were adamant that the client was 100% at fault for the collision.

At trial, the attorneys were able to demonstrate through the testimony of the parties -- and an accident reconstructionist -- that the driver of the Mercedes, who was proceeding straight, was speeding and at fault for the collision. The jury determined that the client was not negligent, and that the driver of the Mercedes was the primary cause of the collision.

As a result, the case moved on to the damages phase of the trial to compensate her for the injuries sustained, which included multiple fractures. She was treated conservatively and without surgery; was able to complete college on time; and, she began a full time teaching career shortly after the incident.

The case was subsequently settled for $2,125,000 before the jury was able to render a verdict on the issue of damages.

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Tags:Personal Injury
Location:Mineola - New York - United States
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