Auto Accident - Pedestrian

$900,000 settlement for a 54 year old doorman who was struck by a police car as he crossed Second Ave in a heavy rain storm. (more)
This 54 year old doorman was on his way home after a night at his social club.  A Sergeant’s patrol car being driven by a police officer was on their way to a deli to pick up dinner.  The pedestrian began crossing Second Ave from west to east when the light turned green for pedestrians.  He was using his umbrella in the rain.  The police car never stopped at the red light and didn’t stop when it hit the pedestrian until several car lengths down the block.  At the moment of impact, the pedestrian was thrown up and into the windshield and then over the top of the car and landed in the roadway behind the patrol car.

The defense was that he stepped out from the curb immediately in front of the patrol car, and they had no time to react to his presence.  However the actual impact, documented by the accident investigation squad, took place on the far side of Second Ave. 4 lanes away from the curb he stepped off of.  The plaintiff was in the road for 50 feet and many seconds before the patrol car struck him.

The pedestrian sustained fractures of his leg and shoulder and was treated with surgery and physical therapy for many months.  Although his fractures healed he was left with early arthritis and pain in both the shoulder and leg.