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New York Personal Injury Attorneys

SPBMCC Attorney Michael P. Napolitano Secures $1.25 Million for Motor Vehicle Accident Victim

November 16, 2023 in

SPBMCC Attorney Michael P. Napolitano, Esq., secured a $1.25 million settlement on behalf of a 57-year-old married man who was struck by a motor vehicle.

57-Year-Old Man Struck by Motor Vehicle

In July 2022, our client was crossing a four-lane intersection by foot when a motor vehicle operated by the defendant struck him. This resulted in severe injuries, including a traumatic brain injury and multiple fractures necessitating surgical intervention which ultimately led to permanent cognitive deficiencies and changes to his daily living.

Central Question In Case Lies in Who Is At Fault 

The central issues in this case revolved around whether our client was within a designated crosswalk, the state of the traffic lights at the time, whether the defendant was exceeding the speed limit, and whether the defendant was attentively driving. 

The responding police officers initially attributed fault to our client for the collision. They also obtained a statement from a witness establishing that the traffic light favored the defendant. Additionally, our client registered a significantly elevated blood alcohol content upon hospital admission. This further complicated his case. 

Michael P. Napolitano, Esq. contended that the defendant also bore responsibility for the collision, citing their failure to take evasive action.

SPBMCC Attorney Michael P. Napolitano, Esq. Obtains Substantial Settlement for Motor Vehicle Accident Victim

Evidence showed that our client had traversed two lanes of traffic before entering the third lane where the impact occurred. Further investigation revealed an absence of skid marks indicating no evasive action by the defendant and a statement from a witness that the defendant acknowledged never having seen our client before impact. It was persuasively argued that the defendant should have been aware of our client’s presence if they had been exercising proper awareness at the intersection.

The case was settled in Suffolk County for $1.25 million after our client and his wife testified at depositions. The settlement was for the full insurance policy limits of the defendant.

Learn More About Associate Michael P. Napolitano, Esq.

Michael P. Napolitano’s work has resulted in several high-dollar settlements for his clients. His practice areas include plaintiff’s personal injury, negligence, construction accidents, motor vehicle accidents, liability, and other practice areas. To learn more about Associate Michael P. Napolitano, Esq., click here.

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