Matthew Fiorello defended this automobile vs. bicycle accident that took place at night. Defendant was driving an automobile and plaintiff was riding a bicycle. Plaintiff claims he was stopped at the sidewalk preparing to cross the street.
Defendant claimed he had a red light that turned green and that after stopping and looking both ways he turned right on a green light. Plaintiff claimed that he was stopped at the corner for several seconds and watched the light turn from green to red for defendant. Plaintiff also claimed that he had lights on the front and rear of his bike and that he was holding a flashlight.
When defendant turned right, the plaintiff entered the crosswalk and defendant struck the plaintiff. Plaintiff was taken to the hospital by ambulance and had medical treatment that day and subsequent cervical discectomy and replacement. Plaintiff hired an accident reconstructionist who made animations and tested the light. Defense did not hire an accident reconstructionist. However, defense medical expert opined that the surgery was not related to the accident.
Defense was able to show that the plaintiff was a convicted felon and with a lengthy history. Plaintiff ended up stipulating that he had 32 felony convictions. Defense argued that the case rested on credibility. The jury agreed and found no negligence on the part of defendant.