Case Study: $2M Settlement for Family of College Student Killed in New York Crosswalk Accident

New York Pedestrian Accident Case Overview 

A tragic accident in New York City resulted in the wrongful death of a young graduate student lawfully crossing the street in a designated crosswalk. Our client was struck by a vehicle making a left turn at an intersection. According to multiple eyewitnesses, our client was crossing with a “walk” signal and was within the crosswalk when she was hit. Upon impact, she fell backwards and struck her head.  She suffered catastrophic head trauma, including a skull fracture and massive brain bleeding. She was rushed to the hospital but succumbed to her injuries shortly thereafter. 

Legal Issues & Liability 

In New York State, pedestrians in a marked crosswalk have the right of way.  

Under New York Vehicle & Traffic Law: 

• Drivers must yield to pedestrians crossing within a crosswalk.   
• Drivers making a turn must yield to pedestrians. 

Here, the driver did not yield the right of way while making a left turn, violating New York traffic laws designed to protect pedestrians. The evidence, including eyewitness testimony and accident reconstruction analysis, clearly showed that the driver was at fault for the fatal collision. 

Steps in Investigating and Prosecuting the Case 

• Immediate Evidence Collection – Our firm acted quickly to obtain critical evidence, including police reports, traffic camera footage, and 911 call recordings.  An investigator was dispatched to the scene and took photographs to document visibility conditions, traffic signals, and signage. 
• Eyewitness Interviews – Multiple eyewitnesses confirmed that the victim was within the crosswalk at the time of the collision. We conducted detailed interviews and obtained written statements to document what happened.  
• Accident Reconstruction Analysis – Our team worked with accident reconstruction experts who analyzed the speed of the vehicle through the vehicle’s computer modules and calculated the driver's reaction time, and the impact force. Their findings showed the driver had ample opportunity to see and yield to the pedestrian but did not do so. 

New York Vehicle and Traffic Law  

Our knowledge of New York State and New York City motor vehicle laws established the driver’s legal obligation to yield the right of way to our client. 

Medical Expert Review  

We consulted with medical experts to assess the extent of injuries suffered by the victim and provide insight into how the impact led to the fatal brain bleed and her death.  

Insurance Policy Investigation  

We examined the driver’s auto insurance policy to determine coverage. It was confirmed that $2,000,000 was the full extent of the policy, and we fought to secure the maximum compensation for the victim’s family. 

Wrongful Death Lawsuit and Settlement  

Our personal injury attorneys filed a wrongful death lawsuit against the driver and aggressively negotiated a settlement following taking the driver’s deposition.  

Our skilled attorneys presented the overwhelming evidence to the driver’s insurance company leading to an offer of settle for the full policy limits of $2,000,000 rather than risk a jury trial. 

While no amount of money can replace the loss of a loved one, this settlement provided held the negligent driver accountable. 

Pedestrian Safety & Legal Rights 

This case highlights the importance of pedestrian rights and driver responsibility in New York. Pedestrians should always be vigilant, but drivers bear a legal duty to exercise caution, particularly at intersections and crosswalks. If you or a loved one has been injured or killed in a pedestrian accident, you may be entitled to compensation. 

At De Caro & Kaplen LLP, we aggressively pursue justice for our clients and their families. New York personal injury attorney Michael Kaplen served as chair of the prestigious Vehicle Accident Negligence Section of the American Association of Justice.  New York Super Lawyer, Shana De Caro is a member of the Board of Directors of the New York State Academy of Trial Lawyers.  They will personally handle your case and obtain the justice you deserve. 

If you are struck by a car, truck, or bus, you can obtain legal assistance by contacting our law firm.