Patchogue Jury Awards $60,000 in Hit-and-Run Bicycle Crash

In September 2013, a bicyclist was struck by a hit-and-run motor vehicle at the intersection of South Ocean Avenue and Terry Street in Patchogue, New York. The bicyclist, as the plaintiff, subsequently filed a lawsuit, alleging that the unknown driver's negligence caused the accident and resulted in serious injuries as defined by New York Insurance Law. As a covered person, the plaintiff received a court order allowing an action against the Motor Vehicle Accident Indemnification Corporation (MVAIC), seeking judgment for personal injuries and damages.

MVAIC, the defendant, contended that the plaintiff's injuries were caused, in whole or in part, by the plaintiff's own culpable conduct. MVAIC further argued that the plaintiff had not sustained a serious injury under New York Insurance Law and that the plaintiff had or would receive reimbursement from a collateral source. The case proceeded to trial, where a jury was tasked with determining liability and damages.

The jury found both the unknown motorist and the plaintiff negligent, attributing 60% fault to the plaintiff and 40% fault to the motorist. Despite the comparative negligence finding, the jury determined the defendant's negligence was a substantial factor in causing the plaintiff's injuries. The jury also found that the plaintiff sustained a significant limitation of use of a body function or system and a permanent consequential limitation of use of a body organ or member. The jury awarded the plaintiff $40,000 for past pain and suffering, with no award for future pain and suffering. Total damages awarded against MVAIC amounted to $60,000.