Semi-Trailer Truck Hits Wheelchair Dependent Pedestrian
Our client, a 57 year old man, was afflicted from birth by spastic cerebral palsy. He was dependent on a motorized wheelchair for all of his mobility needs and required round the clock care and assistance in his activities of daily living. On the day of the incident, our client was sitting in his wheel chair on a sidewalk curb, waiting for the pedestrian light to change so that he can use his motorized wheel chair to cross the street. As our client was waiting, a semi-trailer truck was negotiating a right turn in front of our client. The drive of the semi caused for one of the passenger side trailer tires to come onto the sidewalk and graze our client’s wheelchair. Our client’s wheel chair was caused to spin around as a result of the impact and plaintiff came to rest in the opposite direction. The driver of the semi continued on his path of travel without stopping. Our challenge in representing this client was to demonstrate that this incident has a real impact on his life, which by virtue of his congenital cerebral palsy, was already very limited. Through the use of medical experts and accounts from friends and family, we were able to show that this incident had indeed increased his pain levels and his ability, be it limited, to engage in everyday activities. The trucking company agreed to settle the case for a significant amount after being presented with this compelling evidence at a mediation.