Truck accidents can result in permanent and even fatal personal injuries. These truck accidents are caused by a number of factors, including negligence or recklessness of the driver. The physical harm that is suffered by the victim of a truck accident is tragic. The potential injuries are even worse when the victim is a pedestrian and not another automobile driver. Beyond this, the family and caretakers of the victim may face severe financial burdens and emotional struggles. For all of this suffering, the victim of a car accident may be entitled to sue for substantial money damages.
In 2008, Shirley Miller, 32, was hit by a Duane Reade truck while crossing Ninth Avenue at 48th Street in New York City. The truck did not stop to see if Miller was hit, but just continued to drive. As a result of the accident, Miller suffered severe brain injuries and blindness and will need to be cared for by her parents for the rest of her life.
Miller’s family sued Duane Reade, which is owned by Walgreens, under a theory of vicarious liability. They claimed that their driver exhibited negligent driving practices. According to the New York Legal Examiner, the company countered that Miller was at fault for the accident because she slipped on ice and fell under the truck. When Miller’s lawyers proved that falling under the truck was impossible, lawyers for Duane Reade were finally willing to negotiate a settlement.
Although the family was seeking $100 million, the parties settled for $22 million, which is the largest personal injury settlement in New York State history. This money will help Miller’s family care for her and pay for her medical expenses.
Data from the National Highway Traffic Safety Administration shows that in 2012, approximately 4,700 pedestrians were killed and 76,000 pedestrians were injured as a result of traffic accidents. 90 percent of those pedestrians killed were involved in single-vehicle accidents.
If you or a loved one has been injured in a truck accident or other motor vehicle accident, please call 617-787-3700 now to speak with one of our expert Massachusetts truck accident lawyers or email us at info@gilhoylaw.com.
