$4.025 Million Settlement for an Elderly Pedestrian Struck in a Brooklyn Crosswalk

$4,025,000 settlement, less than two years after the incident. Car Accident | Pedestrian Knockdown | Employer liability | Summary judgment on liability | Trial preference

What happened

In the summer of 2024, we received a call from a family whose relative, an elderly woman, had been hit by a car in Brooklyn. She was walking across the street in a crosswalk on a Friday afternoon, going about her business, when a driver struck her and knocked her down. She was seriously injured.

She had the right of way. The driver failed to yield it to her.

The $25,000 problem

Within weeks of the incident, because of how badly our client was hurt, the driver's insurance company tendered its policy: the New York State minimum of $25,000.

Had we not done a thorough intake and investigation, that is where many cases end. The family is told that $25,000 is all the coverage there is, and the file is closed. We did not stop there, because we believed other parties were responsible.

Why intake matters

"Intake is crucial. It is the foundation upon which a case is built," says Darren T. Moore. "Asking the right questions is crucial."

Our intake did not stop at how the crash happened. We asked about the surrounding circumstances: what happened afterward, what conversations took place, and what was said. That investigation established that the driver was traveling from one work appointment to another when he hit our client. Our position was that he was on the clock.

That changed the case. In New York, an employer can be held responsible for the negligence of an employee acting within the scope of employment. If the driver was working, there was potentially another defendant, and additional insurance coverage, behind him.

How we built the case

We filed suit at the first opportunity against the driver and the company we believed employed him. We pursued extensive discovery, including videotaped depositions of our client and of the defendants. Discovery led us to bring in another company that we were led to believe was the driver's actual employer.

We moved for summary judgment on liability and won. The court held that the driver failed to yield the right of way, leaving only the question of whether our client bore any share of fault for the jury.

Because of our client's age, we moved the case aggressively. As soon as discovery was complete, we moved for a trial preference under CPLR 3403(a)(4), which allows a party who is 70 or older to move ahead of the long trial calendar and get a trial date as soon as possible.

The result

The case resolved for $4,025,000, less than two years after the incident. A case that appeared to have only $25,000 in coverage resolved for more than 160 times that amount, giving our client the compensation she needs to be taken care of.

"That's not luck," says Darren. "That's MooreJustice."

Hurt as a pedestrian in New York? Learn more about pedestrian accident claims and Brooklyn car accident cases.

Attorney Advertising. Prior results do not guarantee a similar outcome. This page describes a past matter for general information and is not legal advice.