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.
On Madifari’s part, he had a passenger on that day, his wife. But he called no witness during the trial. He gave his own account of what had happened based on what he saw while he was driving. Just like Jarrett’s account it was indeed a clear day. Madifari testified that he could see at about 500 feet ahead. He was driving on the left lane which was the fast lane at about 45 miles per hour. He saw Mr. Dell sitting in front of his parked car but saw no one crossing the road. He was also aware of the two cars travelling on his right side. According to a report, Madifari did slow down because he really didn’t see anyone crossing until after the impact. This was very evident on the spinal injuries that Jarrett sustained because of the accident. Jarrett suffered brain damage and amnesia. He was also unable to use his left arm and was unable to resume work because of the memory loss. Doctors in Staten Island are aware of this.
It was discussed in length whether the car accident was a result of negligence on the either part. Who was at fault in this unfortunate incident. There were many arguments that were presented but it was evident that has Madifari saw Jarrett crossing the road, Madifari would’ve done something, slowed down or hit the breaks hard, had he seen Jarrett, based on the reports given to the rep.
The above case was very unfortunate especially because of the injuries that the victim sustained during the accident. Accidents cannot be predicted and the outcome can never be told. It is just reassuring to know that there are people who are ready to help at all times. Stephen Bilkis and Associates, together with its New York Car Accident Lawyers are ready to attend to your cases with utmost priority and urgency.
You would also be pleased to learn that Stephen Bilkis and Associates have established offices all over the Metropolitan areas of New York as well as in Corona.
We will also be glad to learn that aside from New York Auto Accident Attorneys, Stephen Bilkis and Associates will also recommend Car Crash Lawyers should your case needs it.