In October of 2013, the three co-workers boarded a livery cab in the Williamsburg section of Brooklyn. When the livery cab reached the intersection of North 10th Street and Wythe Avenue, it was involved in a motor vehicle accident with a passenger car traveling westbound on North 10th Street. The impact from the accident caused the livery cab to be wrapped around a pole with its airbags deployed.
The three co-workers commenced a lawsuit against both drivers claiming that that each sustained serious personal injuries as a result of the accident.
At trial, the driver of the passenger car claimed that on the day of the subject accident she came to a stop at the stop sign. She claimed that she was unable to clearly see down the block on Wythe Avenue and inched her car forward. She testified that the livery cab driver was speeding on Wythe Avenue when the collision occurred. Accordingly, she claimed that the livery cab was wholly responsible for the accident.
The livery cab driver claimed that he was not responsible for the accident and denied the accusation that he was speeding on the date of the accident. The livery cab driver provided conflicting testimony as to whether he saw the passenger vehicle prior to the accident.
A Brooklyn jury found both drivers to be negligent for the car accident. The jury found the cab driver to be 35% at fault and the passenger car driver was 65% at fault. Prior to the start of the damages portion of the trial, the case settled.