1. Personal Injury Lawyer Yonkers Case Background and Facts
The incident occurred at a marked crosswalk on Central Park Avenue in Yonkers during daylight hours.
The seventy- year-old plaintiff was walking with his two adult sons when a sport utility vehicle failed to yield the right of way and struck him.
The force of the impact caused immediate and severe injuries including a fractured tibia and fibula, internal trauma, and a subdural hematoma.
Pedestrian Collision Circumstances
Police reports and witness testimony confirmed that the pedestrian had the right of way under New York Vehicle and Traffic Law Section 1151.
The driver claimed a sun glare obstructed their view, but our investigation revealed that this did not excuse the violation of New York Vehicle and Traffic Law Section 1146 which mandates drivers to exercise due care to avoid colliding with any pedestrian.
The personal injury lawyer Yonkers team utilized accident reconstruction experts to prove that the driver had ample time to stop.
Immediate Medical Consequences
Emergency medical services transported the victim to a local trauma center where he underwent orthopedic surgery to repair leg fractures.
The internal injuries required close monitoring in the intensive care unit. Although the head injury did not result in permanent cognitive decline, it complicated the initial recovery period.
The medical evidence gathered by our personal injury lawyer Yonkers attorneys established a clear causal link between the collision and the extensive medical treatment required.
2. Personal Injury Lawyer Yonkers Legal Analysis of Injuries
In New York personal injury cases, establishing the full extent of damages requires a detailed analysis of how injuries affect the daily life of the victim.
The plaintiff retained his mental capacity but faced significant physical limitations that altered his independence.
Permanent Physical Impairment
Medical experts confirmed that while the fractures healed, the plaintiff would suffer from chronic pain and reduced mobility in his leg.
The prognosis indicated that the condition would not deteriorate further than normal aging processes but would result in permanent discomfort.
This medical assessment was crucial for calculating pain and suffering damages under New York insurance laws regarding the serious injury threshold.
Capacity and Daily Living
Despite retaining his ability to drive and travel, the plaintiff became heavily reliant on his wife for household tasks he previously managed alone.
He required the use of a cane for walking and needed assistance with heavy lifting and maintenance chores.
Our legal team highlighted these functional limitations to justify the demand for compensation related to the loss of enjoyment of life and the increased burden on his spouse.
3. Personal Injury Lawyer Yonkers Zone of Danger Claims
A unique aspect of this case involved the claims for the two adult sons who were walking alongside their father.
Under New York law, specifically the Zone of Danger doctrine established in Bovsun v. Sanperi, immediate family members may recover damages for negligent infliction of emotional distress if they were also threatened with physical harm.
Bystander Liability Standards
Since the sons were within the immediate zone of physical danger and narrowly avoided being struck themselves, they met the strict criteria required by New York courts.
They witnessed the traumatic injury of an immediate family member while being exposed to an unreasonable risk of bodily injury.
A personal injury lawyer Yonkers attorney successfully argued that their proximity to the impact satisfied the legal elements necessary for recovery.
Emotional Distress Evaluation
Both sons suffered psychological distress manifesting as anxiety and sleep disturbances following the accident.
We presented psychological evaluations demonstrating the impact of witnessing their father's severe injury.
This evidence supported their independent claims for negligent infliction of emotional distress, distinct from the primary personal injury claim of the father.
4. Personal Injury Lawyer Yonkers Litigation Strategy and Result
The litigation focused on maximizing the settlement by combining the substantial physical injuries of the father with the valid emotional distress claims of the sons.
We engaged in aggressive negotiation with the insurance carriers to ensure all policies were fully leveraged.
Settlement Negotiation Process
The defense initially attempted to minimize the non economic damages, citing the plaintiff's age and pre existing conditions.
Our personal injury lawyer Yonkers team countered with compelling evidence of his active lifestyle prior to the accident.
We also emphasized the clear liability under New York Vehicle and Traffic Law, forcing the defense to acknowledge the high risk of a jury verdict in favor of the plaintiffs.
Final Compensation Award
The case concluded with a global settlement of approximately 650,000 dollars.
The father received the majority share for his pain, suffering, and medical expenses.
The two adult sons received separate settlements of 20,000 dollars and 13,000 dollars respectively for their zone of danger claims.
This outcome reflects our commitment to securing justice for all victims of negligence in Yonkers.
13 Feb, 2026

