MGS Wins Substantial Settlement in Bicycle Accident Using 3-D Simulation
White Plains NY – November, 2022- A 3-D simulation was key to White Plains Law Firm McCullough, Goldberger & Staudt LLP’s success in winning a substantial award for a client involved in a cycling accident.
MGS was able to negotiate the settlement in mediation following its use of a 3-D simulation that showed that poor traffic controls and improper direction and signage caused their client to fall and sustain serious injuries.
“This case was a great example of how the use of technology can assist in obtaining positive results. By developing a 3-D simulation of the accident, we were able to show the near impossible task our client had of avoiding injury because of inadequate signage and traffic direction during road work. What’s really noteworthy is that this case did not involve another motor vehicle,’’ said Partner Patricia Wetmore Gurahian, who along with Partner Charlie Goldberger heads MGS Litigation Department.
Goldberger added, “The 3D depiction was shown to the mediator and was influential in changing opinion on Plaintiff’s contributory negligence and ability to stop and also influential in increasing the insurance adjuster’s settlement offer.”
The accident, which took place in Connecticut in 2019, happened when two vehicles were blocking one lane of traffic as workers were hanging overhead cable. The client was on a group ride going down a steep curvy hill. Other cyclists were able to avoid the vehicles by slowing, pulling into the oncoming traffic lane, and stopping, but the client could not do the same because other cyclists in front of him, poor sight visibility and his speed. He fell to the pavement and sustained serious injury.
Goldberger said in addition to creating the 3-D simulation, the firm hired a traffic engineer whose report concluded that warning devices were not properly placed and were legally insufficient given that the project was designed to regularly move. It also found that those directing traffic were not properly trained.
The firm represents accident victims as well as handles all types of civil litigation.
About McCullough, Goldberger & Staudt, LLP
McCullough, Goldberger & Staudt, LLP represents a diverse group of clients. MGS (including its predecessor firm) has been an integral part of the Westchester community for more than 60 years. The firm offers a wide range of services in areas including land use, commercial and residential real estate, banking law, trusts and estates, municipal law, construction law and all types of litigation. Its clients include corporations, insurance companies, municipalities, coop, condo and homeowners’ associations, developers, golf and country clubs and not-for-profits as well as individual property owners. Services are provided by twelve experienced attorneys.