$625,000 Pedestrian Accident Settlement in Manhattan

Crossing the street in a Manhattan crosswalk — legally, carefully — when a van struck her. The impact didn't just cause new injuries to her ankle, knee, elbow, and back. It also aggravated both of her prior knee replacements, turning a single accident into a medical crisis across her entire lower body.

Pedestrian Struck by Van in a Manhattan Crosswalk

Our client was crossing a Manhattan street in the crosswalk when a van struck her. She was a pedestrian exercising her legal right of way, and the van driver failed to yield. The force of the impact knocked her to the ground, causing injuries to her left ankle, left elbow, left knee, left leg, right knee, and lower back. Each of these injuries required its own course of medical treatment — diagnostic imaging, specialist referrals, and rehabilitation protocols specific to each affected body region.

What elevated this case beyond a typical pedestrian accident was the aggravation factor. Our client had undergone bilateral knee replacement surgery prior to the accident. Both knee replacements had been successful, and she was functioning well with her prosthetic joints before the collision. The impact of being struck by a van and thrown to the pavement subjected both artificial knee joints to forces they were not designed to absorb, causing aggravation injuries to both replacements that introduced new pain, instability, and functional limitations on top of the acute trauma to her ankle, elbow, leg, and back.

Proving Aggravation of Prior Knee Replacements

Insurance carriers aggressively dispute aggravation claims. Their standard defense is that any knee symptoms are attributable to the pre-existing condition — the original joint disease that necessitated the replacements — rather than to the accident. Gallagher Bassett, the claims administrator in this case, took exactly that position. They argued that our client's knee complaints were continuation of her pre-existing orthopedic history, not a consequence of the van striking her in the crosswalk.

Our attorneys dismantled that defense systematically. We obtained complete pre-accident orthopedic records documenting that both knee replacements were functioning well, that our client had completed rehabilitation successfully, and that she had returned to independent activity without knee-related complaints. We then documented the post-accident onset of new symptoms in both knees — symptoms that did not exist before the collision and that her treating orthopedic surgeon directly attributed to the trauma of being struck by a vehicle. The before-and-after comparison left no room for the carrier to argue that the knee aggravation was coincidental.

"She had two successful knee replacements and was living independently. The van strike aggravated both prosthetic joints on top of causing injuries to her ankle, elbow, leg, and back. Gallagher Bassett wanted to blame everything on pre-existing conditions. The orthopedic records told a different story — functioning well before the accident, new symptoms in both knees after being struck by a van. That's aggravation, and the medical evidence proved it." — Andrew Levine, Founding Partner

$625,000 Mediation Result for a Manhattan Pedestrian Accident

This $625,000 mediation result covers treatment for injuries to six body regions, aggravation care for both knee replacements, extended rehabilitation, lost independence, and the permanent functional limitations our client now manages. When a pedestrian with prior joint replacements is struck by a vehicle, the medical and legal complexity increases significantly — but so does the value of the damages when the aggravation is properly documented.

If you were struck by a vehicle as a pedestrian in Manhattan, our car accident attorneys have experience with pedestrian accidents involving aggravation of prior injuries and are ready to review your case.