Driver Held Liable for Child’s Liver Injury After Pedestrian Struck In Front of Store – Settlement for Two Full Insurance Policies
We represented a family with two young children. It was cold winter day when Patrick was 5, and he and his sister went to a store to shop with their aunt. Upon exiting the variety store, Patrick was run over by a Toyota pick-up truck, directly in front of the store. This story ends well, but he was badly injured and his family was devastated.
Witnesses and Expert Nurse Helped Prove Liability on Pickup Truck Driver
The insurance company for the pickup truck driver said that Patrick must have “darted out” because the truck driver reported not seeing him. They denied any responsibility at the outset.
Nevertheless, we talked with all the witnesses. We secured written witness statements. Two witnesses who were at the scene said that the pickup truck swerved into the parking lot of the store too fast. They reported that the truck was heading east, directly into the low morning sun, likely blocking the driver’s view in front of the store. Further, they reported that the boy did not dart out, but was holding his sister’s hand walking from the store.
Furthermore, we hired a Registered Nurse who reviewed a list of the truck driver’s medications, provided to the police. The nurse concluded that the medications that the driver was taking, while prescribed by his doctor, were being taken in excessive, and therefore, illegal dosages.
Child’s Medical Treatment was Successful in Restoring Full Function
The little boy was taken by ambulance to a local hospital and then by helicopter to a Boston hospital. He spent a month in recovery at the hospital and then months more recuperating at home. The pedestrian accident caused the child great pain and suffering for months, with liver and other internal injuries.
We had Patrick’s medical records reviewed by a liver transplant surgeon at the University of Florida. He wrote a detailed report that while there was a full recovery, there was always a potential for future liver issues. Thus, a permanent injury was able to be reported to the insurance company.
Truck Driver’s Insurance Company Agreed to Mediation
The insurance company would not agree to pay at first, however, they agreed to bring the case before a retired Massachusetts judge, acting as a mediator. After reviewing the history of the case, the witness statements, the nurse’s expert report, the medical records and bills, and the liver transport surgeon’s permanency report, the mediator recommended that the insurance company pay the full motor vehicle insurance policy. The insurance company agreed, accepting full responsibility.
Homeowner’s Policy of Responsible Aunt Paid Toward Recovery Too
The child’s aunt, who was not sued, did agree that she was not holding the child’s hand at the time. She was in her car, keeping it warm, when the children went back into the store – she had given them money to get a gift for another little boy in their neighborhood. She admitted the same to her homeowner’s insurance company. They too paid their full insurance policy due to her negligence.
All of the monies were put into an education trust and an annuity for Patrick.
Burns & Jain Represent Pedestrian Victims
If you or someone you know was injured as a pedestrian, contact Burns & Jain for aggressive and effective legal representation. They have the experience. They have represented victims of personal injury since 1985. There is a free initial consultation. Call 617-227-7423