$5.6M Verdict | Tractor-Trailer Crash | New York This is a distracted driving case involving a tractor-trailer driver’s choice to ignore road
This case involves a distracted driver who struck a pedestrian crossing the street resulting in a 76-year-old man being seriously injured. Evidence shows that the man was crossing the street in the early morning hours. The driver, who had a green arrow indicating he could proceed, struck the man as he crossed the street. The man suffered a mild traumatic brain injury, a degloving injury to the hand and forearm, bilateral sacral fractures, fractures of the L1-L4 transverse process, left rib fractures, a large subdural hematoma above the left eye, a distal thumb fracture, and soft tissue swelling of the forearm and hand with debris.
Attorneys Andrew T. Silvia and Michael J. Murphy of Morgan and Murphy, LLP, hired Total Trial Solutions to help them examine and prove liability by conducting Focus Groups on the case and generating clips from the Focus Group to help them persuade the defense of the value of their case.
Total Trial Solutions worked with our partner attorney to prove that his client was not responsible for his injuries. Here is a quick summary of the work we performed to assist in the litigation.
Case facts were presented to a group of mock jurors by Focus Group Moderator Daniel Cote. When the jurors were asked about liability, they said the plaintiff held 0% liability, and the driver should be held accountable. Regardless of the fact that the defendant had a green arrow, the plaintiff was a pedestrian in a crosswalk and therefore had the right of way. Once liability was established, the jurors were then asked about damages. The jurors believed that despite the miraculous recovery the plaintiff experienced, the injuries were significant and there should be a large enough award that fairly compensates for the pain and suffering.
After the Focus Group was conducted, the footage from the group was sent to our editing team. There, the editor worked in conjunction with the Trial Attorney and Moderator to select and cut the clips that were later shared with the defense to show how the community felt about the case. These clips showed the mediator and the defense, the true strength of the matter for the plaintiff and helped drive toward a seven figure settlement.