A multi-day arbitration arising out of an automobile accident allegedly occurring on August 7, 2015 resulted in the Arbitrator finding Plaintiff 80% liable for the accident. Plaintiff alleged that at the time of the accident they were a bicyclist travelling southbound on Ocean Avenue at its intersection with Avenue N in Brooklyn, New York. Counsel for Plaintiff contended that Defendant, travelling eastbound on Avenue N, ran a red light thereby striking Plaintiff’s bicycle. The attorneys of McMahon Martine & Gallagher argued that Defendant operator was in fact stopped at the time of the accident, when Plaintiff disregarded a red light for traffic heading southbound on Ocean Avenue thereby striking the vehicle of the Defendant.
The credible evidence at the time of arbitration established that Defendant did in fact come to a stop at the traffic light for 2-3 minutes for traffic travelling eastbound on Avenue N, before beginning to proceed when the light turned green. The evidence further showed that Plaintiff failed to yield to the red light for traffic moving southbound on Ocean Avenue when the accident occurred. Despite Plaintiff’s contentions, the Arbitrator found Plaintiff 80% liable for the happening of the accident, while holding Defendant operator only 20% responsible.
Plaintiff claimed that they sustained a frontal hematoma, concussion, and an abrasion to her elbow and shoulder, as a result of the accident. She was admitted to the hospital for 7 days. The Arbitrator found that the Plaintiff suffered from trauma to her head as a result of the subject accident and concluded that her injuries were in fact permanent.
In light of the seriousness of the injuries, the Arbitrator awarded $120,000 in damages, plus an additional $ 10,380.92 in liens, totaling $130,380.92. However, in light of the favorable decision with respect to liability, the final award totaled $26,076.58, a fraction of Plaintiff’s final pre-arbitration demand.
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