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A loss of control accident on Johnson Avenue in Hackensack, New Jersey severely injured a pedestrian and caused him to lose his right leg above the knee. The accident was caused by a restaurant’s delivery driver. Davis, Saperstein & Salomon, P.C. partners Garry R. Salomon and Adam B. Lederman proved that the restaurant, the restaurant’s delivery driver, and the restaurant’s insurance broker, all acted negligently in relation to the accident.
On a snowy afternoon, our client returned to his vehicle and saw that snow had accumulated on his rear window. As he was removing the snow, another driver lost control of his vehicle and hit our client, crushing his right leg between the two vehicles. The momentum of the crash pushed his vehicle into the vehicle parked six feet in front of it. The client’s vehicle was rendered a total loss after having been damaged in both the rear and the front.
The restaurant that hired the delivery driver did not complete a background check before hiring him, and therefore missed his several traffic citations and his frequent drug and alcohol use. As such, the restaurant breached its duty to hire competent delivery drivers. It also did not complete maintenance inspections of the cars used by employees to complete their delivery routes.
However, the restaurant refused to accept responsibility for the accident, and argued that the delivery driver was an independent driver who was not the restaurant’s responsibility. In response, Davis, Saperstein & Salomon, P.C. partners Garry R. Salomon and Adam B. Lederman argued that the customer was purchasing food from the restaurant, not the delivery driver. As such, the restaurant was held liable.
Auto accident attorneys, Garry R. Salomon and Adam B. Lederman, also sued the restaurant’s insurance broker, who allowed the restaurant to go uninsured and was therefore negligent in their capacity as a professional insurer.
As a result of the parties’ negligence, our client suffered severe injury to his right leg, including comminuted markedly displaced open fractures of the femur, tibia, and fibula, and a popliteal artery transection. His leg ultimately required a transfemoral amputation. Following the amputation, he had to participate in a training program to learn how to use his prosthesis, and then spent months in physical rehabilitation to improve his mobility. He continues to struggle with phantom pain.
The accident significantly changed the man’s life. Once the manager of his own company, he lost his ability to work and provide for his family. He is unable to attend religious services because his temple requires that observers remove their shoes. He struggles to walk with others because he finds that he slows them down. Not only that, but he once loved to travel and would visit his home country two-three times a year, but since the accident, he has sadly been unable to.
The exact terms of the settlement are subject to a confidential agreement, but Davis, Saperstein & Salomon, P.C. partners Garry R. Salomon and Adam B. Lederman ensured that our client received proper compensation.
Settlements are often limited by the total available insurance coverage. Insurance company adjusters and their lawyers often defend cases by claiming that a client was negligent and could have avoided being injured by arguing comparative negligence on the part of an injured client; or that their pain and suffering was caused by pre-existing medical conditions or prior injuries. Despite those defenses, the Davis, Saperstein & Salomon, PC lawyers won their client’s injury claim. Each client’s case is unique. Results may differ because of different facts, circumstances and available insurance coverage.
Call us now for a free and confidential case evaluation. We are also available 24/7 online at our website, www.dsslaw.com.
Medical Glossary
Comminuted fracture: A fracture in which a bone breaks into three or more pieces.
Displaced fracture: A fracture in which the broken pieces of bone are no longer in alignment.
Open fracture: A fracture in which the broken bone is visible.
Transection of popliteal artery: A medical emergency where the popliteal artery (a continuation of the femoral artery) is cut.
Transfemoral amputation: An amputation that occurs in the thigh, through the femoral bone.
