NYC Limousine Accident — DWI Truck Driver | Mandible Fracture, Left Leg Fracture, Cervical & Lumbar Spine Injuries
Our client was a passenger in a limousine that was struck by a truck whose driver had been drinking and was charged with DWI. The catastrophic collision killed four fellow passengers and left three others — including our client — seriously injured. Within 24 hours, our client underwent multiple emergency surgeries at Stony Brook University Hospital.
The defendants attempted to limit their exposure across a group of plaintiffs. Chaikin Trial Group fought for our client’s individual share of the full recovery, achieving a settlement of $6,100,000 with our client’s individual share of $1,102,270.
Case at a Glance
Settlement Amount $6,100,000 (Group Settlement); Client Share: $1,102,270
Client Passenger in Limousine, New York
Incident Year 2015
Mechanism of Injury Limousine struck by DWI truck driver attempting U-turn
Deceased 4 passengers killed in same accident
Primary Injuries Mandible Fracture, Left Tibia/Fibula Fracture, Cervical Spine, Lumbar Spine, Multiple Lacerations, TMJ, Depression
Resolution Method Mediation Settlement Prior to Trial
Laws Applied NY Vehicle and Traffic Law § 1192
NY Vehicle and Traffic Law § 388
NY Vehicle and Traffic Law § 1141
NY Vehicle and Traffic Law § 1163
Attorney Ian M. Chaikin, Esq.
How the Accident Happened
On July 18, 2015, our client was a passenger inside a limousine that was in the process of making a U-turn when the limousine was struck by a truck. The truck’s driver had been drinking and was subsequently charged with DWI. The collision was catastrophic: four of the limousine passengers were killed, and our client was among the four who survived with serious injuries.
Our client was transported for emergency care and, the following day — July 19, 2015 — underwent multiple surgical procedures for the face, jaw, and left leg.
Under New York law, passengers have the right to pursue full compensation against the at-fault driver, the vehicle owners, and any other responsible parties. Our client was entirely innocent — a passenger who had no control over the vehicle — and was entitled to recover for the full extent of her injuries.
Learn more about how we handle these cases: Drunk Driving Accident Lawyer in Manhattan.
Injuries Sustained
Our client suffered severe and documented injuries requiring emergency surgery within 24 hours of the accident. The following is a summary of all confirmed injuries and surgical interventions:
Face & Jaw — Mandible Fracture, Lacerations & TMJ
On July 19, 2015, our client underwent emergency surgery for the following:
Preoperative Diagnosis: Closed fracture of the mandible; multiple open wounds.
Surgical Procedures Performed:
- Open reduction internal fixation of mandibular fracture
- Sharp excisional debridement of skin and subcutaneous tissue
- Complex repair of left thigh laceration
- Complex repair of right thigh laceration
- Simple repair left leg
- Simple repair left arm
- Simple repair left axilla
- Simple repair left chest
- Simple repair right shoulder
Additional: Large laceration over the face; severe pain, discomfort and tenderness.
As a result of the facial and jaw injuries, our client suffered traumatic and severe temporomandibular joint (TMJ) dysfunction resulting in clicking of the jaw, limitation and restriction in the use of the jaw, mouth and teeth. Our client may require future surgical procedures and future physical therapy. These injuries are of a permanent nature.
Our client also suffered emotional and psychological pain, anguish, depression, fear, loss of self-esteem and diminution of the joy of living as a direct result of the accident and injuries.
Left Leg — Tibia & Fibula Fracture
On July 19, 2015, our client underwent emergency surgery for the following:
Preoperative Diagnosis: Closed left tibia and fibula fracture.
Surgical Procedure Performed:
- Open reduction internal fixation of left tibia using intramedullary device
Resulting conditions include: marked restriction in range of motion and weakness; severe pain, tenderness, and swelling. Our client may require future surgical procedures and future physical therapy.
As a result of the fracture and subsequent surgery, our client may develop premature arthritis. The injuries have resulted in severe pain, swelling and tenderness of the lower extremities, loss of strength, loss of function, loss of motion, restriction of movement, and involvement of the surrounding soft tissue, nerve endings, blood vessels, muscles, tendons and ligaments, with resulting pain, deformity and disability.
Lumbar Spine Injuries
The collision caused the following documented lumbar spine injuries:
- Traumatic sprain of the lumbar spine
- Traumatic radiculitis of the lumbosacral spine
- Traumatic derangement of the lower back with tearing of the tendons, ligaments and muscles
- Traumatic radiculitis injury to the nerves and nerve roots of the lumbosacral spine
- Traumatic myositis of the lumbosacral spine
- Traumatic sciatic neuritis with radiation of pain into both lower extremities
- Traumatic deviation of the normal lordotic curve
- Traumatic arthritis of the lumbosacral spine (will worsen over time)
- Muscle spasms, tenderness, and stiffness
These injuries have resulted in anatomical deformity, pain, stiffness, tenderness, spasticity, swelling, radiation of pain to the lower extremities, loss of function and motion of the affected lower extremities, including numbness, paresthesia, hypesthesia and loss of ambulation and weight-bearing and weight-lifting functions. Our client has developed and/or will develop post-traumatic osteoarthritis and osteoporosis of the lumbosacral spine. These injuries are of a permanent and disabling nature.
Cervical Spine Injuries
The collision caused the following documented cervical spine injuries:
- Traumatic sprain of the cervical spine
- Traumatic and severe radiculopathy of the cervical spine
- Traumatic derangement and tearing of the ligaments, tendons, muscles and nerve roots
- Traumatic radiculitis and injury to the nerves and nerve roots of the cervical spine
- Traumatic myositis of the cervical spine
- Traumatic cervico-occipital neuralgia
- Traumatic deviation of the normal lordotic curve
- Traumatic arthritis of the cervical spine (will worsen over time)
- Muscle spasms, tenderness and stiffness
These injuries have resulted in cervico-anatomical deformity, pain, stiffness, swelling, tenderness, spasticity, myositis, headaches, radiation of pain occipitally and to the shoulders and arms and trapezially, loss of sensation and motion of the upper extremities, including numbness, paresthesia, hypesthesia and anesthesia of the upper arms. Our client has developed or will develop post-traumatic osteoarthritis and osteoporosis of the cervical spine. These injuries are of a permanent nature.
Depression & Psychological Injuries
As a result of the accident and the aforesaid physical injuries, our client has suffered depression, emotional and psychological pain, anguish, fear, loss of self-esteem and diminution of the joy of living. The severity of the accident — in which four fellow passengers were killed — contributed to the profound psychological impact on our client. These injuries, upon information and belief, are of a permanent nature.
How Chaikin Trial Group Won
Fighting for the Passenger’s Individual Recovery
In a mass casualty accident with multiple plaintiffs, defendants often attempt to spread limited insurance coverage across all claimants, minimizing each individual’s recovery. Chaikin Trial Group fought to ensure our client’s full damages were documented, presented, and compensated at the individual level.
The DWI charge against the truck driver established clear liability. Chaikin Trial Group moved aggressively to document every element of our client’s injuries — from the emergency surgeries performed the night after the accident to the long-term implications of permanent TMJ dysfunction, spinal injuries, arthritis, and depression.
Comprehensive Documentation of Catastrophic Injuries
Chaikin Trial Group retained medical experts to quantify the full scope of our client’s damages, including the cost of future surgeries, physical therapy, ongoing treatment for her spinal injuries, TMJ, and psychological care. With a fully documented case and the DWI charge removing any viable defense on liability, the matter resolved at mediation for $6,100,000 — with our client’s individual share of $1,102,270.
Have questions about your rights after a drunk driving accident? Read our Drunk Driving FAQs or visit our Drunk Driving Accident Page.
What This Settlement Means for Injured Passengers
Passengers injured in a vehicle accident are among the most protected classes under New York law. You did nothing wrong. You had no control over the vehicle. You are entitled to full compensation for every injury you sustained — even if the at-fault driver had limited insurance coverage or the settlement is shared among multiple plaintiffs.
If you were injured as a passenger in a car, limousine, taxi, rideshare, or any other vehicle in New York, Chaikin Trial Group can evaluate your case and fight for the maximum recovery.
Damages Available in Motor Vehicle Passenger Accident Cases
- Past and future medical expenses (emergency surgery, physical therapy, specialist care)
- Past and future lost wages and loss of earning capacity
- Pain and suffering — physical and emotional
- Permanent disability and disfigurement
- Loss of enjoyment of life
- Psychological injuries including depression and PTSD
- TMJ dysfunction and permanent facial/jaw injuries
- Premature arthritis from fracture and spinal injuries
Other Motor Vehicle Accident Results from Chaikin Trial Group
This case is part of a long track record of significant motor vehicle and passenger accident recoveries. See additional results below and click here to View All Results:
$4,500,000
— A 33-year-old man sustained serious injuries when a tractor-trailer improperly changed lanes, causing a sideswipe collision. Within 1 year, our firm secured a $4,500,000 settlement.
$2,500,000
— Our client was rear-ended in Queens while on his way home. The attorneys at Chaikin Trial Group secured a settlement of $2,500,000 before even holding the deposition of the defendants./
$2,500,000
— A pedestrian crossing the street had her foot run over by a New York City Sanitation truck. Our team obtained summary judgment on liability and resolved the case years before trial.
View Our Full Verdicts & Settlements Page:
Related Resources & Information
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Motor Vehicle Accident FAQs
- What Damages Can Be Recovered After a Fatal Accident?:
- What Are My Rights as a Victim of a DUI Accident in New York?:
- What to Do After Being Hit in a Drunk Driving Accident in New York?:
- Who Determines Fault in a Car Accident Claim in New York?:
- Can I Claim for Emotional Distress After a Car Accident in New York?:
- What If I Was Partially at Fault for the Car Accident?:
- Do I Need a Lawyer After a Car Accident on Long Island?:
- Who Pays My Medical Bills After a Car Accident?:
- Who Is Liable When a Car Hits a Pedestrian in New York?:
About Chaikin Trial Group
Chaikin Trial Group is a premier personal injury law firm representing injured workers and accident victims throughout New York City, Long Island, and the five boroughs. Founded by Ian M. Chaikin, Esq., the firm has secured over $100 million in verdicts and settlements for clients across a wide range of serious injury cases.
The firm’s approach is simple: every case is prepared as if it will go to trial. That commitment — combined with aggressive motion practice, top experts, and an unwillingness to accept low