New York City personal injury lawyers at Smiley & Smiley, LLP recently won a $1.25 million verdict for a cyclist who was injured after an illegally parked van made her fall of her bicycle, resulting in her leg being run over by an MTA bus.
The plaintiff, a 22-year-old female student at Hunter College, was riding her bicycle in the bus lane on Third Avenue when she attempted to maneuver around a commercial van which was illegally parked in the bus lane. As she began to move around the van, the driver swung open his side door, causing the plaintiff to slam on her brakes and fall off her bicycle into the next lane of traffic where an MTA bus ran over her right foot.
The plaintiff was hospitalized for 20 days. Once she was discharged, she required daily home therapy visits as well as extensive outpatient rehabilitation to learn to walk and use her lower right leg again. The plaintiff's plastic surgeon testified that the plaintiff suffered permanent scarring and neurological damage to her right foot and ankle.
After the injury, the plaintiff sued the driver of the van and the owner of the van for negligence. The plaintiff argued that the driver of the van failed to look before opening his door into moving traffic and he violated VTL Section 1214 regarding the opening and closing of doors.
The defendant acknowledged some responsibility for the accident but named the MTA bus company and bus driver as third party defendants in the lawsuit. The defendants claimed that both the driver of the MTA bus and the plaintiff were also negligent and contributed to the accident.
New York personal injury attorney Andrew J. Smiley was the lead trial attorney on the case, along with his father, legal partner and fellow "Super Lawyer" Guy I. Smiley. After hearing the case, the jury ruled in favor of the plaintiff and awarded her $500,000 for past pain and suffering, $600,000 for future pain and suffering and $151,853 for past medical expenses.
About Smiley & Smiley, LLP
The New York City personal injury law firm of Smiley & Smiley, LLP is a Midtown Manhattan family owned and operated firm which has provided personal injury legal representation to thousands of individuals and families since 1968. The attorneys at Smiley & Smiley, LLP represent injured victims in personal injury matters including vehicle accidents, construction accidents, medical malpractice, nursing home abuse, wrongful death and premises liability accidents.
If you have been injured due to someone else's negligence, an experienced personal injury attorney may be able to secure compensation for your injuries. To contact Andrew J. Smiley or his colleagues at Smiley & Smiley, LLP, please call (212) 986-2022 or visit http://www.smiley.com.