The case involved a bus collision that occurred on May 15, 2015 on the West Side Highway (11th Avenue). On that date, the plaintiff, who was on a bicycle attempting to cross the roadway, was struck by a large tour bus. At the time of the collision, the plaintiff was riding within the bicycle crossing lane and had the right of way per the light. Following the collision, a police officer arrived on the scene and spoke to a number of witnesses. Based on the witnesses, the police officer determined that the tour bus had traveled through a red light and struck the plaintiff.
An action was brought against the tour bus company that owned and operated the bus, as well as against the bus driver. The defendants initially denied that they were responsible for the collision, and argued that even if they were, the plaintiff was also responsible for failing to see the bus before attempting to cross the roadway.
Through the course of the litigation, the plaintiff’s attorneys were able to obtain a surveillance video taken by a camera that was mounted within the bus on the day of the incident. The video was comprised of two different camera views that were taken at the same time. One view depicted what was occurring in front of the bus, while the other view depicted what was occurring on the inside of the bus. A side by side comparison of the two camera views can be seen here
The defendant bus driver was confronted with the surveillance videos at the time of his deposition. After rigorous questioning he admitted that he was not paying attention and as a result went through a red light and struck the plaintiff. The defendant bus driver’s deposition can be found here Transcript. Following the deposition, as a result of the admissions of the bus driver, the defendants admitted that they were 100% responsible for the bus accident.
Due to the impact, the plaintiff was taken by ambulance to Bellevue Hospital. At the hospital, the plaintiff was diagnosed with fractures of her left clavicle, left thumb, ribs and pelvis. The plaintiff required a surgery to properly align her broken clavicle, and also required a surgery on her left thumb.
At a mediation with the Honorable Steven M. Gold of the United States District Court for the Eastern District of New York, the case settled for $1,400,000.00 prior to trial.