Automobile vs Pedestrian Case 1

Pedestrian Accident Case

Past Cases & Results

AUTOMOBILE vs. PEDESTRIAN • CASE #1

DATE OF OCCURRENCE: 12/28/1994

CLIENT: D.G. (71 year-old male)

DESCRIPTION OF OCCURRENCE: Our client, D.G., was walking east across Franklin Avenue in Hempstead, Nassau County. As D.G. neared the center line of the roadway, he was struck on his left leg by a car traveling north on Franklin. The car fled.

INJURIES: Fracture of tibia, left leg.

TREATMENT:

Emergency Room and admitted to Franklin Hospital Medical Center until 1/7/95.

Surgery on 12/31/95: Open reduction, internal fixation of the left knee and tibial plateau. (Screws were placed into the bone to fix the fracture.)

Surgery on 2/3/95: Arthroscopic repair to tears of the medial and lateral menisci, left knee.

RESULT: Settlement for $220,000 on 2/20/96.

OF PARTICULAR INTEREST HERE:

  1. There were no witnesses to this hit-and-run accident. D.G. was lucky that he was not hurt far, far worse.
  2. Question : So, unable to identify the car that struck D.G., who paid the settlement?

    Answer : We recovered from D.G.’s own automobile insurance, under the Unin­sured Motorist provisions of his policy. This is so even though D.G.’s car was not involved in the accident. Uninsured Motorist coverage protects a car owner in or out of the car from hit-and-run drivers, and from accidents with uninsured or stolen vehicles

ATTACHED: X-ray of D.G.’s left knee, showing the screws stabilizing the fracture.

Gary E. Rosenberg, P.C.

61-43 186th Street, Suite 524
Fresh Meadows, NY 11365

(718) 520-8787

Serving: New York City, including the Boroughs of Queens, Manhattan, Staten Island, and Bronx, and the Counties of Kings, Richmond, Queens, New York, Bronx, Nassau, Suffolk, Westchester, Rockland and Dutchess.

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