$2.6 Million for Bicyclist Struck by City Sanitation Truck
$2.6 million settlement on the day of trial against the City of Clifton for damages sustained by RD’s client who was cut-off by a city garbage truck while approaching an intersection on his bicycle. RD’s client landed under the truck and sustained fractures to his arm and shoulder, scarring to his face and was subsequently blinded in one eye from a medical complication that arose during one of his scar revision surgeries. The defense claimed that RD’s client caused the crash and that he was also at fault for not wearing a helmet. Discovery uncovered that a substitute driver was driving the trash truck that day and that he did not know the route but was relying on his passenger to guide him. RD then hired an accident reconstructionist who determined that the truck driver’s inattention caused the crash and that the failure to wear a helmet, which is generally preferred and safer, would have actually led to more severe injuries since it would have resulted in our client’s head getting stuck under the rear axle of the truck causing catastrophic injuries. The settlement was reached shortly before jury selection was to begin in Passaic County. Lou DeVoto represented RD’s 46 year-old client. It was the 18th highest settlement in New Jersey for the year.