PEDESTRIAN HIT CASE ANALYSIS
FACTS OF THE CASE:
Plaintiff entered a parking lot with her vehicle. Plaintiff parked the car in the parking lot and proceeded to retrieve an item from her trunk. Once she was at her trunk and facing toward the front of her vehicle, she was struck by another vehicle. The other vehicle was driven by Defendant. Defendant was exiting a parking space from within the same parking lot and reversed directly into Plaintiff. The vehicle struck both of Plaintiff’s knees and pinned them in between the two vehicles. Plaintiff believes Defendant exited a parking space approximately five car lengths from the point of impact, thereby allowing Defendant’s car to pick up speed. Plaintiff was in immediate excruciating pain. The fire department and ambulance arrived and took her to the emergency room. Plaintiff suffered significant injuries to both of her knees.
LIABILITY
Plaintiff was a negligent free pedestrian at the time of the accident. Defendant backed into Plaintiff as she was standing at the rear of her stopped vehicle. In Plaintiff’s follow up with a doctor, and he advised her that the MRI revealed a tear of the anterior cruciate ligament and that the menisci were normal. An intermediate grade tear of the proximal fibular collateral ligament was noted as well. There was also micro fracture edema seen in the distal femoral meta epiphysis. The doctor noted that limited extension capability persisted to her right knee. Due to her continued pain and lack of ability to flex her right knee, Plaintiff selected a renown orthopedic surgeon and was advised that the MRI further demonstrates a right knee ACL tear.
PSYCHOLOGICAL IMPACT
This accident took a significant toll on Plaintiff and her family.
RESIDUAL PAIN AND FUTURE TREATMENT
As indicated above, Plaintiff still experiences pain to her knee on a daily basis when going up and down the stairs and when walking for more than a few blocks. Future surgery to the right knee is likely.
CONCLUSION:
THIS CASE WAS SETTLED OUT OF COURT, AND THE CLIENT GOT THE MONEY THEY DESERVED!
Ari Friedman
Personal Injury Lawyer
Afriedman.com
