900,000.00 settlement for man hit by truck
By Michael Noonan on March 18, 2013 2:12 PM
A man from Kearny, New Jersey settled his accident case for 900,000.00 this week. The man was knocked over by a passing truck's mirror. As a result of the impact, the man suffered leg and brain injuries.
The plaintiff, Ricardo Rivera was driving in a vehicle with his brother Marco when the two men got into an argument. Ricardo exited the vehicle and was standing on the side of the road when he was struck.
Suit was filed in Hudson County. Marco, the plaintiffs brother, actually testified that his brother had been drinking at the party. However, when the plaintiff was brought to the hospital, the hospital did not do a blood-alcohol test.
The driver of the truck which struck the plaintiff was an employee of a New Jersey company called New Jersey Media Group. The driver, did not stop after he struck the plaintiff. The driver later claimed that he did not know that he had struck the plaintiff.
The plaintiff suffered a depressed skull fracture. As a result, the plaintiff suffered bleeding inside of his skull. This required surgery to ease the swelling of the plaintiffs brain. As a result of this head injury the plaintiff has residual memory and concentration problems.
Additionally, the plaintiff underwent open reduction and internal fixation for the fractured leg bones which he suffered.
In the state of New Jersey, a driver can be liable for the injuries of a pedestrian if the driver of the vehicle was not exercising proper caution when he or she was driving and as a result of this failure, struck a pedestrian. In the state of New Jersey, a pedestrian will be presumed to have the right of way if the pedestrian was in a crosswalk. However, even if the pedestrian was not in a crosswalk, the driver may be liable if evidence shows that the driver was not operating his or her vehicle in a safe manner. It is unclear how the plaintiff in the above mentioned fact pattern demonstrated that the driver was not exercising due caution, however, it is clear from the settlement that evidence did establish that the driver had responsibility for the plaintiff's injuries.
If you or someone you know has been involved in a pedestrian accident call the New Jersey plaintiffs lawyers at The Noonan Law Firm. Our attorneys represent individuals in all New Jersey counties and cities including the county of Monmouth and the city of Red Bank.
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