The plaintiff, a resident of Cortlandt, in Westchester County, State of New York, was traveling northbound on North Highland Avenue in Ossining, New York in the left lane. Another driver was parked on the right side of the road facing southbound when she pulled out and made an illegal U-turn, in an attempt to turn around and head northbound. The other driver cut across the roadway immediately in front of our client’s vehicle, leaving our client no time to stop. The front corners of both vehicles collided into each other. Two witnesses informed the police that they saw the other driver turn around directly in front of our client’s vehicle and that there was no way our client could have stopped in time. The impact was severe and our client’s vehicle was totaled as a result of the accident.
An ambulance arrived at the scene of the accident and transported our client to the Hudson Valley Hospital Center. Our injured client, the plaintiff in the lawsuit, was admitted to the emergency department as a level 2 trauma admission. At the time of the accident, our client was five (5) months pregnant. At the emergency room, she complained of bilateral knee pain, head pain, and neck pain from when she hit her head on the steering wheel and her knees on the dashboard as a result of the impact. After x-rays and urgent care, the injured auto accident victim was released from the hospital.
Days after the accident, the plaintiff was still experiencing pain in her head, pain from her neck down to her shoulder, and pain in her knees, so she consulted with a very highly recommended physician for an orthopedic evaluation. Our injured client also received physical therapy. After a couple of months, at a follow up medical appointment, our injured victim complained to the orthopedist that the pain in her left knee has not resolved or improved. Moreover, our client discovered a psychological injury: that she also suffered from anxiety while traveling in vehicles.
We urged our client to undergo the knee surgery that the orthopedist had recommended, so that her knee would be pain free. However, our client refused.
The pain in our client’s knee continues, because she refused to have the necessary surgery. But we were able to settle her case, as she requested. We obtained for her a sum of money to compensate her for her pain and suffering. The insurance company for the other vehicle paid the settlement.
Our client is driving again. But now she is extra vigilant to avoid other drivers who might be operating their vehicles carelessly.