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ARTICLE ID 195809

$________ – Motor Vehicle Negligence – Auto/Bicycle Collision – Plaintiff bicyclist struck by left turning driver before dawn – Defendant points to absence of headlight – Skull fracture – One-sided hearing loss – Tinnitus – Dizziness – No income claims.

Middlesex County, NJ

The plaintiff male bicyclist, age in his late 30s, contended that the defendant driver negligently failed to make observations before turning left, striking the plaintiff who was riding in the opposite direction.

The accident occurred before dawn in August, and the defendant maintained that because of the absence of a headlight, as is required under statute, he could not see the plaintiff. He presented a lighting expert who maintained that in view of factors – including the ambient lighting in the commercial area – the defendant should have been able to see the plaintiff. The plaintiff, who was wearing a helmet, suffered a fracture of the temporal bone and the destruction of the incus bone involved in hearing. The incus bone was replaced with an artificial device. The plaintiff contended that he will permanently suffer a moderate hearing loss, and, at times, have difficulties understanding people. In addition, he acquired tinnitus and bouts of dizziness. The plaintiff also suffered three rib fractures that essentially resolved.

The plaintiff made no income claims. The case settled prior to trial for $________.

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