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We are pleased to report that Leav & Steinberg LLP attorney Eric Love recently secured a significant settlement for an Upper West Side woman who was struck by a moped while lawfully crossing the street. This case illustrates why victims of serious injuries should never accept lowball settlement offers without seeking trusted legal counsel.
While crossing in a designated crosswalk, our client was hit by a practicing physician who ran a red light. The collision threw her to the ground, resulting in a traumatic brain injury, multiple skull fractures, and a week-long stay in the ICU, during the peak of the COVID-19 pandemic.
The Challenge: Inadequate Representation and Lowball Offers
Initially, our client consulted with another New York law firm that urged her to accept a mere $25,000 — the minimum auto insurance coverage required in New York. This “bare minimum” advice is sadly common among attorneys seeking quick resolutions instead of full justice.
Fortunately, a fellow patient at her therapy clinic, also a client of Leav & Steinberg, recommended our firm based on our extensive experience with traumatic brain injuries. When our client asked whether she should accept the $25K offer, we gave her a firm and confident, “No way.”
Filing Suit and Securing a Better Settlement
Recognizing the severity of her injuries and the clear liability of the driver, we immediately filed a comprehensive lawsuit demanding compensation aligned with the facts and medical evidence.
Before trial, our team of New York City attorneys secured two critical victories:
Summary Judgment on Liability
Surveillance footage showed the physician clearly ran a red light while our client lawfully crossed at a crosswalk. This allowed us to prove 100% fault, eliminating any doubt about the defendant’s negligence.
Summary Judgment on Serious Injury Threshold
Under New York’s no-fault law, we demonstrated that her injuries met the “serious injury” threshold. This removed any defense tactics related to injury severity and enabled full damage recovery.
With both issues decided in our favor, we were positioned to proceed to trial. Rather than face a jury and public scrutiny, the defendant, an affluent physician, agreed to pay $250,000, ten times his insurance policy limit, directly out of pocket.
New York’s Pedestrian Right-of-Way Laws
This case reinforces that New York law protects pedestrians lawfully in the crosswalk. Under Vehicle and Traffic Law §1151, drivers must yield to pedestrians in any marked or unmarked crosswalk at an intersection.
In this case, our client was doing exactly what the law allows, crossing legally at a crosswalk, when she was struck. The driver’s disregard for this law was a central factor in securing a strong settlement.
Why Experienced Legal Representation Matters
This result underscores the importance of working with an experienced personal injury attorney in New York City. While others saw a quick payday in the form of a $25K offer, we saw the long-term implications of her injuries — and fought accordingly.
Her $250,000 settlement not only provides financial support for ongoing care but also holds the negligent driver accountable. It’s ten times the amount she was initially advised to accept and a testament to what’s possible when the right law firm takes your case.
Our Commitment to Justice
At Leav & Steinberg LLP, we don’t settle for less than our clients deserve. Our attorneys bring the legal skill, medical understanding, and trial-readiness required to pursue justice, especially when traumatic injuries are involved.
If you’ve been injured in a pedestrian accident or are being pressured to accept an inadequate settlement, contact us today.
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