What Happened?
In September 2023, Jamila was on the D train heading home in the Bronx. After getting off the train, she walked to the intersection of Selwyn Avenue and East 174th Street and waited until the pedestrian walk signal turned on. She was halfway across the street when a utility vehicle struck her, knocking her to the ground. The driver later told the police that he was traveling north on Selwyn Avenue and proceeded to make a left turn because he had a green light. He claimed he didn’t see Jamila crossing the street because the pillar frame of his vehicle obstructed his view, and he couldn’t stop in time. Jamila was taken by ambulance to a nearby hospital, where she was evaluated, treated, and subsequently released the next day.
As a result of the accident, Jamila suffered injuries to her neck, back, and knees. Due to increasing pain, she returned to the hospital for further evaluation and was again released with pain medication. She continued to experience pain in her neck, back, and knees, with difficulty standing, sitting, and walking for extended periods of time. Jamila was required to use a cane to walk. When conservative treatment failed, Jamila underwent right knee surgery under general anesthesia in December 2023. Even after nearly 2.5 years of treatment following the accident, Jamila was deemed a candidate for a right total knee replacement procedure.
Result for Bronx Pedestrian Hit by Utility Vehicle
Jamila knew she needed legal guidance, so she contacted The Case Handler team the very next day after the accident.
While it was clear that Jamila was struck and injured by the utility vehicle, the driver’s insurance company refused to accept full liability for the accident. Instead, they argued that there was no marked crosswalk on the road and claimed that Jamila emerged from between two parked cars.
Despite their attempts to minimize liability by shifting blame onto Jamila, we provided proof that the intersection had pedestrian crossing signals. Under New York law, a crosswalk does not necessarily need painted white lines to exist, and pedestrians can still have the right of way at an unmarked crosswalk.
With the help of The Case Handler team, Jamila’s medical bills were paid, and she secured a $185,820 settlement!
