Car Accident Injury

Published on: August 23, 2012

A man was involved in a car accident in 2002 and he sustained injury in his shoulders

by Stephen Bilkis

A man was involved in a car accident in 2002 and he sustained injury in his shoulders, neck and back. According to an MRI report his spinal injury involved bulging discs that impinged his spinal canal. He received treatment and therapy for his injury and he also received compensation for the spinal injury he sustained when he missed work for the days of his confinement until he recovered from his injury.

In 2008, the man figured in another motor vehicle accident in The Bronx. He filed a suit for damages from a personal injury he sustained when he injured his back, shoulders and neck. He claims that he is in constant pain; he has lost strength in his arms; he has lost the full range of motion in his back and neck; and cannot perform his regular daily tasks and perform his regular work.

The man sued the defendants who were owners of the motor vehicle that figured in the accident as well as their insurer. He claims that he sustained serious injury for which he demands compensation under the Insurance Law.

Published on: August 20, 2012

A police officer was finishing his shift in 1953

by Stephen Bilkis

A NYC police officer was finishing his shift in 1953. He opened the passenger door of the police car he was driving when he got to the precinct and was removing his shotgun from the car when it suddenly fired. It wounded him and he needed an operation to remove the bullet which had lodged in his abdomen.

He eventually recovered after treatment. He received compensation from the Workmen’s Compensation Board for his loss of earnings during the time of his confinement, treatment and recovery from the gunshot wound. The case was closed in 1957 when the physicians who treated him declared that there was no more disability flowing from the gunshot accident.

Nine years later, in 1962, as he was riding in his police car, he figured in a motor vehicle accident. He sustained injury to his neck and spine. The police officer was paid his salary for the several weeks of his confinement, treatment and recovery from the automobile accident. The police officer sued the owner and driver of the motor vehicle that had caused his spinal injury and the case was settled by them and compensation was duly paid for his spinal injury.

Published on: August 15, 2012

A man, age 24, alleges that at approximately 11:20 a.m., a motor vehicle

by Stephen Bilkis

A man, age 24, alleges that at approximately 11:20 a.m., a motor vehicle he owned and operated collided with another vehicle owned by a woman and operated by a man. The woman and the driver moved for an order to dismiss the man’s complaint against them.

In support of their motion to dismiss the complaint, the opponents submit an affirmed report of examination of orthopedist, neurologist, and radiologist. The opponents also submit an un-affirmed report of the man’s radiologist. The MRI’s were purportedly performed on the dates of the reports. The court notes that the report of a physician which is not affirmed or subscribed before a notary or other authorized official is not competent evidence.

The Queens orthopedist found normal range of motion, comparing the results to normal, of the man’s spine, lower extremities, left elbow and left and right hands and shoulders and found no muscle spasms. He also found normal muscle strength, sensation and reflexes. He also provides results from numerous other orthopedic tests. He diagnosed the man’s cervical radiculopathy, resolved. The thoracolumbosacral radiculopathy, bilateral shoulder contusion, left elbow contusion and bilateral hand contusion were all resolved. He noted that the MRI of the cervical spine revealed a preexisting malformation which could affect recovery.

Published on: August 9, 2012

A woman was involved in a motor vehicle accident sometime on October 9, 2009

by Stephen Bilkis

A woman was involved in a car accidentsometime on October 9, 2009 at the corner of Bellmore Avenue and Sunrise Highway in Nassau County, New York. The police arrived at the scene but no ambulance responded. The woman alighted from her car all by herself and after the initial investigation by the police the woman drove her car from the scene of the accident to her office.

The woman said she felt pain in her lower back and she experienced headaches. She went for an x-ray and consulted a doctor who recommended that she undergo treatment from a chiropractor. She went and saw the chiropractor for about a year and then she stopped seeing the chiropractor and went instead for physical therapy for a few months. She eventually stopped the physical therapy.

As of the time she filed this suit in damages, she was no longer receiving treatment for her injury. She claims that as a result of the accident, she lives in constant pain and she suffered spinal injury particularly, injury to her cervical and lumbar spine. She claims that she has lost significant motion in her spine and she asserts that this spinal injury qualifies as “serious injury.” She claims that the spinal injury has caused a limitation on her use of her spine which prohibits her from her customary daily activities.

Published on: July 30, 2012

A woman was involved in a motor vehicle accident sometime on October 9, 2009

by Stephen Bilkis

A woman was involved in a motor vehicle accident sometime on October 9, 2009 at the corner of Bellmore Avenue and Sunrise Highway in Nassau County, New York. The police arrived at the scene but no ambulance responded. The woman alighted from her car all by herself and after the initial investigation by the police the woman drove her car from the scene of the accident to her office.

The woman said she felt pain in her lower back and she experienced headaches. She went for an x-ray and consulted a doctor who recommended that she undergo treatment from a chiropractor. She went and saw the chiropractor for about a year and then she stopped seeing the chiropractor and went instead for physical therapy for a few months. She eventually stopped the physical therapy.

As of the time she filed this suit in damages, she was no longer receiving treatment for her injury. She claims that as a result of the accident, she lives in constant pain and she suffered spinal injury particularly, injury to her cervical and lumbar spine. She claims that she has lost significant motion in her spine and she asserts that this spinal injury qualifies as “serious injury.” She claims that the spinal injury has caused a limitation on her use of her spine which prohibits her from her customary daily activities.

Published on: July 25, 2012

On March 24, 2006, a 77 year old man was about to cross the street

by Stephen Bilkis

On March 24, 2006, a 77 year old man was about to cross the street at the corner of Fifth Avenue and West 139th Street. He was hit by a car. This car hit the 77 year old because it was also hit by another car from the back.

The 77 year old man was hospitalized in Manhattan. Later he filed a case for damages and he sued the two car drivers. The 77 year old man presented the medical findings which were made from tests conducted immediately after the accident while the two drivers presented the findings of a neurologist, an orthopedic surgeon, radiologist and a plastic surgeon.

The orthopedic surgeon conducted a range of motion tests on the entire spinal column of the 77 year old man to determine if he sustained any spinal injury. He observed that the movement of his spine is limited but he did not attribute this as resulting from the accident but from his advanced age. All the other medical specialists who examined him all gave the opinion that the 77 year old man suffered no permanent disability or spinal injury. The orthopedic surgeon conducted these tests in 2008, two years after the accident occurred in 2006.

Published on: June 7, 2012

Record Brain and Spinal Injury Payout Goes to 9-year-old Boy

by Stephen Bilkis

A 9-year-old boy who was accidentally run over by his own father on a family day out was recently awarded compensation worth £8.1 million today. This is a record-setting amount for a court-approved award for a spinal injury, a source says.

The boy will need lifelong care after suffering severe spinal and brain injuries in March of 2002 when he was just two-and-a-half years old.

The boy’s father did not see him when he reversed the car at Mead Open Farm, near Leighton Buzzard, Bedfordshire. The father drove over his son.

Published on: May 29, 2012

Roderick McCauley was driving east on Route 3

by Stephen Bilkis

Roderick McCauley was driving east on Route 3 near the approach of the bridge crossing the Raquette River. He noticed a snow plow stopped at the edge, and then it moved forward. It again stopped and moved forward towards him. When he saw this, he drove his vehicle to the right. According to a report, his right wheels were on the shoulder. He drove in the same position at a speed of about 20-25 miles per hour until he passed the snow plow. He tried to turn the car back to the paved road. The front wheel went up, but as he accelerated to bring the rear wheel up, the back end shook and the car skidded across the road. It went through the space in between the guard posts, over the bank and into the river. There were five other people in the vehicle with Mr. McCauley. McCauley and two other passengers drowned, and the three others survived but suffered spinal injuries.

The representatives and the survivors filed a case against the State for the negligence in maintaining the roads, which included the shoulder. They said that the pavement was raised above the shoulder and that there were no guard rails. The Court of Claims in Queens and Westchester said that the elevation was not important because they did not have a reason to be on the shoulder as there was no emergency. They ruled that there is no liability from the State. They said that the car skidded because of the negligence of Mr. McCauley.

The Supreme Court Appellate Division received an appeal for this ruling and reviewed the facts. A Lawyer says that guard rails are set up to protect traffic from special hazards. Special hazards are high embankments, a deep and rapid river, or a sharp mountainside drop. It is their opinion that this is a negligence of the State in the maintenance. They said that it played a big part in causing more casualties. They also said that a careful driver who just trying to avoid an accident from happening should have been able to use the shoulder with no problem if properly maintained. It is not negligence for a driver if he used the shoulder to avoid an oncoming snow plow that may occupy part of the lane that he was using. According to the witnesses, they slowed down in the approach. The contest that he should have stopped on the shoulder or not have continued driving and causing the spinal injury on the shoulder still requires that the State maintain the shoulder of the road properly as it could have cause an accident. If Mr. McCauley was not a cautious driver, he would not have been using that shoulder in the first place and may have hit the snow plow instead.

Published on: May 5, 2012

August 6, 2006 he noticed that O’Brien’s car was haphazardly parked along Church Lane

by Stephen Bilkis

According to a Lawyer this is a case of driving while intoxicated involving minor accident. Robert O’Brien, according to Officer Wenzler who was also the sole witness to everything that happened testified that at about 8:45pm on August 6, 2006 he noticed that O’Brien’s car was haphazardly parked along Church Lane. He also noticed that O’Brien was asleep behind the wheels so he decided to take a closer look to investigate. Upon reaching O’Brien’s car, Officer Wenzler noticed that there was a half empty bottle of Smirnoff vodka in between O’Brien’s legs. He also noticed a couple of empty cans of Budweiser beer on the car floor, at O’Brien’s feet.

The driver’s window was half opened and upon reaching the driver’s side, Officer Wenzler immediately smelled the strong scent of alcohol from inside the vehicle as well as from O’Brien. He also noticed the strong smell of urine, evident from the soiled pants of O’Brien. Officer Wenzler also noticed that the front bumper of O’Brien’s car appeared to have “touched” the rear bumper of the car immediately in front of O’Brien. Upon inspection, there appear to have no major damage on both cars except from evident scratches and a minor dent on O’Brien’s car.

According to further investigation, a source said that when questioned by Officer Wenzler, O’Brien admitted that he was driving while drinking. Officer Wenzler asked for any identification, as well as license and registration which O’Brien was able to provide only after 5 minutes of looking for his wallet which was all along in the back pocket side of his pants. When O’Brien was asked to step out of his car, it was obvious from the way O’Brien moved while exiting his car that he was very much hung over or possibly still drunk. Further, according to Officer Wenzler, O’Brien had glassy stare and blood shot eyes which is very common to people who are overly intoxicated.

Published on: April 12, 2012

This is an unfortunate accident that happened to Richard Jarrett

by Stephen Bilkis

This is an unfortunate accident that happened to Richard Jarrett on September 4, 1972. Jarrett was a passenger in Mr. and Mrs. Kenneth Dell. At around 11 in the morning, the car driven by Mr. Dell had a flat tire along New York State Thruway. Mr. Dell promptly drove the vehicle on the left divider in order to avoid traffic. Unfortunately the jack in the car was defective so Mrs. Dell and Jarrett went out of the car and crossed the three southbound lanes, hoping that they can borrow a jack from somebody in the nearby golf course area.

As Mrs. Dell and Jarrett were coming back to their car, Jarrett carried the jack trailing Mrs. Dell by only a few feet. According to a source, from what Jarrett can recall, it was a clear day. Jarrett was carrying the large part of the jack on his left shoulder and the base on his right hand. Jarrett also testified that before he went ahead to cross the three southbound lanes, he looked to his left to see if there were oncoming traffic. He saw two vehicles approximately 500 yards (1,500 feet) away so started crossing. That was the last thing he remembered and the next thing he knew was he was already in the hospital being looked at by a doctor three months later.

Still according to a Lawyer, based on Mr. Dell’s story from where he was located, before Jarrett crossed the three lanes, there were three vehicles approaching approximately 1000 feet away. He saw the two other vehicles slowed down but the third vehicle, driven by Vincent Madifari, never slowed down. What he saw was when the two other vehicles slowed, Madifari’s car passed by them then swerved to the right. Unfortunately, Jarrett was already on that part of the road. Mr. Dell didn’t actually see the impact but heard impact and the next thing he saw was Jarrett on the ground.