Pedestrian-Truck Accident - $3,000,000 SettlementJoel H. Schwartz, P.C.

Pedestrian Accident Attorney Case

While Crossing Road, Mother and 7 year-old Daughter Hit by Truck

Reported in the Lawyers Weekly

On February 3, 2006 a mother and daughter were crossing a public way when they were struck by a company van moving away from a nearby Dunkin Donuts parking lot. The mother was dragged several feet by the truck, while the daughter was knocked to the ground causing severe traumatic brain injury.

The minor in this case sustained injuries including a basak skull fracture, a pons-tear injury, and temporal bone fracture. Immediately following the incident she was transported by ambulance to Massachusetts General Hospital. She remained in a comatose state from the day of the accident until May 1 of the same year.

After her stint at Massachusetts General Hospital, she was moved to a long term pediatric nursing facility. At this time her condition improved from a vegetative state to a minimally responsive state. She can only eat with the help of a feeding tube, and can breathe on her own.

The plaintiff’s counsel determined that the business vehicle had insurance with a liability policy of $1 million. Additionally, further investigation turned up another policy with coverage limits of up to $2 million.

Liability in this case was questionable at best. The mother and daughter were crossing a major roadway, but were not within the crosswalk. Additionally, it was a dark, rainy morning and the sun had yet to come up. The defendant claims to have never seen the mother and daughter as he drove his van away from the parking lot.

The counsel for the plaintiff demanded that the full policy limit be paid. As the suit was to be filed soon, the insurer agreed to offer full coverage. Despite questions around the liability in this case, full policy proceeds were settled on before going to court.

Court approval in May 2007 for the $3,000,000 settlement was obtained. The daughter was awarded $2.5 million, the father $200,000, and the mother $300,000.

Since a minor was involved in this case, a court approval of the settlement was necessary. An independent trustee was hired to set up and oversee the proceeds that were awarded to the minor.

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