06 Nov Settlement Announced for Woman Driver Struck by Off Duty Police Officer
Martin + Colin P.C. announces a settlement on behalf of our client who was tragically injured by a careless driver. While driving home to Briarcliff Manor, in Westchester County, the sleepy offending driver fell asleep behind the wheel, causing his vehicle to veer across the double yellow line. The other driver crashed directly into the front driver’s side of our client’s vehicle, then side-swiped her car down the entire length of the driver’s side of her car.
The Force of the Crash
The impact of the collision sent our client’s vehicle off the street, onto the sidewalk and crashing into a street sign. The force of the crash was so forceful that our client was jostled violently in her car and her airbags deployed.
Immediate Medical Treatment Needed
Immediately following the accident, our client was transported by ambulance to Westchester Medical Center. At the emergency room, it was determined the accident caused several severe injuries. An MRI revealed disc bulges at the C3-4 and C4-5 levels, straightening of the lumbar lordosis, loss of disc height at L5-S1, radicular pathology involving the bilateral L5 and left S1 sensory roots, left carpal tunnel syndrome, and sensory peripheral neuropathy, radicular pathology involving right C7, right C8-T1, left C6 and right C5 sensory roots.
The Injuries Caused Pain and Restricted her Usual Daily Activities
These injuries suffered by our client caused daily severe back pain, decreased range of motion, and decreased quality of life due pain, insomnia, and partial disability. These injuries required intense physical therapy and extensive injections for pain and inflammation. Over the next many months, her treating medical providers reported that our client was partially disabled and the injuries were observable by the documented decrease in range of motion months after the accident.
The Offending Driver’s Insurance Company Then Added Insult to Injury
Seeking money compensation on behalf of our client, the legal team at Martin + Colin prepared for trial. As the nature of the case involved a driver who fell asleep behind the wheel and admitted that he fell asleep, the opposing counsel desperately sought to have the case dismissed on any technicality that they could uncover. The insurance company lawyers alleged that the injuries our client sustained were not “serious injuries.” We at Martin + Colin were displeased with this attack on the severity of our client’s injuries, which was really an attack on her truthfulness. We knew she was suffering daily intense back pain, partial disability that was later deemed permanent due to the persistence for over a year and a half. Our legal team was able to argue successfully that the injuries were in fact serious in nature, utilizing the precedent that a 20% loss in range of motion constituted a serious injury, pointing out that the injuries our client sustained resulted in a 34% range of motion loss.
As it became ever more apparent to the opposing counsel that we would take them to trial and win, they sought arbitration. Our legal team was able to successfully settle the case for the full policy amount of the defendant’s car insurance. Although money can not restore our client’s body to its pre-accident condition, it was our pleasure to work on behalf of our client to obtain financial and legal restitution. She appreciated our hard work and the amount of money she received.
If you or a member of your family has been hurt in an accident due to the negligence of another person or firm, the experienced personal injury lawyers at Martin + Colin, P.C. may be able to help.
Call us now at (914) 771 7711 and let us apply our expertise to your case.