Bicycle Crash Victim, Struck by Truck, Gets $2.6M Settlement
By Dean I. Weitzman, Esq. on May 29th, 2015
A 42-year-old bicyclist has reached a $2.6 million settlement from several defendants after he was struck and seriously injured by a mattress truck as he was riding his bicycle on a street in Radnor Township, Pa., in March 2012.
Chester McKee had come to a stop sign at an intersection and had the right of way when he was struck by a Sleepy’s bedding store delivery truck, according to a May 19 story in The Legal Intelligencer. The truck driver, Alexander Berrios, “was speeding and distracted by a GPS when he ran the stop sign” according to McKee’s lawsuit.
The victim suffered several major injuries from the crash, including a traumatic brain injury with intracranial hemorrhage, fractured ribs, a fractured left humerus, chronic lower back pain, a punctured left lung, right axillary vein non-occlusive thrombus, spinal injuries, friction burns and abrasions, a broken pinkie, neck injuries, anxiety and depression, the story reported.
McKee’s lawsuit also said that a six-foot-high fence on the adjoining property of Sriram and Fareez Krishnaswany blocked the truck driver’s view at the crash scene and violated township laws, contributing to the crash, the story reported. Under Radnor Township codes, fence heights are limited to four feet in height. The property owners argued that the fence was there when they moved in and was permitted when it was installed in 1990.
The lawsuit also alleged that Sleepy’s and its delivery contractor, FAV Transportation, “negligently hired Berrios, who had prior criminal convictions, vehicle accidents and moving violations,” according to the story.
After the crash, McKee sued Berrios, FAV Transportation, Sleepy’s Reorganization Inc. and the Krishnaswanys, seeking $9 million in damages, the story reported.
The settlement was reached before the trial began in the Philadelphia Court of Common Pleas, with McKee receiving $1.23 million from FAV, $475,000 from Sleepy’s and $85,000 from the Krishnaswanys, the story reported. The settlement also included $675,000 from North East Risk Management Services Inc. and $135,000 from wholesaler Sovereign Group International Inc., both which were not parties to the case, according to the story. FAV had alleged professional negligence on the part of North East Risk Management Services. The victim also received a $25,000 underinsured motorist coverage payment from Erie Insurance Exchange, the story reported.
These kinds of tragic legal cases occur every day when innocent victims are severely hurt or killed in vehicle crashes through no fault of their own due to the actions, inattentiveness or indifference of others. That’s why it is critical to have a legal team on your side that uncovers every fact to bolster your case and maximize your damage award.
We here at MyPhillyLawyer stand ready to assist you with your legal case if you or a loved one is ever seriously injured in a vehicle incident or accident anywhere in the United States. We represent the families of victims who die in such tragedies as well, to ensure that their families receive every penny of damages that they are eligible to receive.
Call MyPhillyLawyer at 215-227-2727 or toll-free at 1-(866) 352-4572 anytime and our experienced, compassionate, aggressive team of attorneys and support staff will be there for you and your family every step of the way as we manage your case through the legal system.
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