John Tucci was struck by a police car while standing on the side of his disabled vehicle. The police blamed the entire accident on John.
John’s vehicle became disabled in the right lane when he collided with the guard rail on the Taconic Parkway in Westchester County. He got out to inspect the damage. While standing outside of his car he was struck by a Metropolitan Transportation Authority police car.
John suffered a fractured ankle and other injuries. He contacted us soon after the accident, and we met with him in the hospital in Yonkers.
Based on the police report we knew that the MTA would blame John for his accident. The MTA’s position was that:
- John’s disabled vehicle was in the lane of traffic and that John placed himself in this dangerous position by speeding and losing control of his car.
- When John got out of his car to inspect the damage, he could have stayed out of traffic on the shoulder.
- John’s vehicle was disabled on a curve under a bridge and the MTA driver claimed that he could see neither John nor John’s vehicle in sufficient time to avoid the collision.
Our job was to prove that the MTA police vehicle was negligent. We had to overcome the MTA’s many defenses.
We hired one of the leading accident reconstruction engineers and photographers. Our engineer and photographer went to the scene. We retraced the paths of the vehicles that day through the testimony of John, the police officers, the police accident report, and some witnesses. Our engineer was able to show that if the MTA police driver had been paying adequate attention, he would have had enough time to see John and his vehicle, and the collision would have been avoided. The MTA’s defense that the accident was unavoidable due to poor sightlines on the curve had no factual foundation.
Based on the strength of our expert’s report we settled before trial for $400,000.
*The client name has been changed to protect the client identity.
Prior case results do not guarantee a similar outcome.