Dupée & Monroe Scores Massive Victory for Car Accident Victim
Parking lots are a hotbed for car accidents. According to some estimates, parking lots account for a full 20 percent of car crashes. Parking lots are cramped and busy, and drivers are often distracted. Those factors, of course, are no excuse for a driver whose negligence causes someone else harm. Recently, Dupée & Monroe was privileged to win a major victory for a pedestrian injured by a negligent driver in a parking lot. Our New York pedestrian accident legal team is beyond thrilled for our client, and we are proud to have fought for the justice he is due. Read on for details about the case and the allegations.
Negligent Driver Strikes Pedestrian in Grocery Store Parking Lot
On September 29, 2020, our client was working at a ShopRite in Montgomery, New York. He was wearing a reflective vest, walking within the supermarket’s parking lot. While he was returning a cart to the shopping cart corral, the defendant pulled out of a parking space and struck our client with his motor vehicle.
The plaintiff was collecting carts in the travel lane between the rows of parking spots when the accident occurred. The defendant driver struck the plaintiff with the front bumper of the vehicle, despite the fact that our client was wearing a bright green reflective vest meant specifically to alert motorists to his presence. The parking lot was well-lit with exterior lighting.
On behalf of our client, an injured pedestrian, we filed a motion for summary judgment on the issue of liability. We argued that our client is entitled to recover as a matter of law, based on the facts already proven: The defendant admitted that he pulled out of the space, did not sound his horn to alert the victim pedestrian, and in fact did not even see our client. Pulling out of a parking spot before it’s reasonably safe to do so is a violation of New York’s Vehicle and Traffic Law (VTL). Clearly, it was unsafe to pull out, given the presence of a pedestrian. Violating the VTL is per se negligence, proving our client’s case.
The court agreed with our assessment. The defendant’s actions demonstrated his negligence, particularly in light of his VTL violation. The court rejected the defendant’s arguments that the plaintiff should have moved out of the way, thus contributing to the accident. As the court explained: “A pedestrian who has the right of way is entitled to anticipate that motorists will obey the traffic laws that require them to yield.”
Moreover, the court agreed that “the collision occurred so suddenly that [the plaintiff] could not avoid it.” Our client testified that he did not see the vehicle backing up before the impact and could not have jumped out of the way; the court found that testimony persuasive.
Because there is no triable issue of fact as to whether the defendant should be held liable for our client’s injuries, the court granted our motion for summary judgment. The case will continue to determine the amount of damages owed to our client in light of his serious injury.
Dupée & Monroe couldn’t be happier for our client. We’ll continue fighting to ensure he gets the full compensation he is due for the harm he has suffered.
If You’ve Been Injured in a Pedestrian Accident, Dupée & Monroe Is Ready to Help
If you need help getting medical treatment and compensation for the harm you suffered after a serious accident, whether your accident was caused by a negligent driver, defective road design, or other causes, contact the seasoned and effective Goshen personal injury lawyers of Dupée & Monroe for a free consultation at 845-294-8900.