Pedestrian - MBTA Bus Crash

Injuries
Multiple fractures, traumatic brain injury
Tried Before Judge or Jury
Settlement
Recovery
$1.375 million
Date
May 2016
Plaintiff’s Counsel
Marc L. Breakstone, Esq.
Breakstone, White & Gluck, PC
Boston
Mediator
Paul A. Finn
Commonwealth Mediation and Conciliation, Inc.
Other Useful Information

On August 12, 2014, the 77-year-old plaintiff was crossing Dudley Street in Roxbury when he was struck by an MBTA bus. The on-board video showed that plaintiff was visible to the operator of the bus for at least three seconds before the driver took any evasive action to avoid striking plaintiff. Analysis of the video also showed the bus was traveling above the speed limit. Further, the bus driver reported to the MBTA Police that the pedestrian had run out from between parked cars. The video made clear that plaintiff stepped off the corner into the street and did not walk between parked cars. The video also demonstrated that he was not running.

Plaintiff had been a healthy, vibrant retired master barber who lived an active life prior to the incident. Following the incident, plaintiff was hospitalized and/or in rehabilitation hospitals for two months. After his release form the hospital, plaintiff demonstrated significant cognitive decline as a result of his traumatic brain injury.

The case was settled at mediation with Attorney Paul Finn of CMCI.

Client Reviews
David really cared about me as an individual…and he really cared about seeking the justice that needed to be sought in the case.
★★★★★
Ron got the insurance company to settle for the maximum on the policy. And so as a result of that, my son went back to school.
★★★★★
Marc just guided us through the whole process. He told us exactly what would happen and how we needed to go about doing everything.
★★★★★
I would recommend David…The outcome of my case, I was very pleased with it. I hope I don't have another accident, but if I do we'll be back to see David.
★★★★★
Ron was excellent. He was on top of everything. He answered every question.
★★★★★
Marc was extremely professional. I felt very confident that he knew exactly what he was doing. This is his area of practice and I had total confidence in him and I actually have recommended him to other people who have been in accidents.
★★★★★