Pickup hits woman crossing street, pinning her to ground

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In July 2021, the 29-year-old plaintiff was walking along Charles Street in Boston on a clear summer day. After arriving at an intersection, she began crossing the street just outside, but adjacent to, a crosswalk. At that moment, a driver operating a large pickup truck made a right-hand turn, hitting her and knocking her to the ground.

The truck initially stopped, with its front right tire pinning one of the plaintiff’s legs to the ground. In a panicked attempt to move the vehicle off her, the driver reversed, but instead of freeing her, he stopped the truck on top of her other leg, pinning her for a second time. Only after a second attempt did he manage to fully move the truck off her, but by then, the damage was devastating.

The plaintiff suffered a traumatic brain injury, multiple fractures to her jaw and face, broken ribs, and a broken kneecap. The impact also caused the loss of several teeth, requiring extensive reconstructive surgery and dental treatment.

She endured severe nerve damage, road rash to her legs, and cognitive difficulties, including memory loss.

The physical and emotional toll was immense, affecting nearly every aspect of her daily life and forcing her withdrawal from graduate school.

Despite her catastrophic injuries, the defense aggressively contested liability and damages. They claimed the plaintiff was significantly outside the crosswalk, argued the driver’s visibility was obstructed due to a blind spot, and disputed the plaintiff’s TBI due to a nearly two-year delay in diagnosis.

They also challenged vicarious liability, asserting the driver was not acting within the scope of his employment at the time of the crash.

To refute liability claims, the plaintiff conducted a comprehensive accident reconstruction, using an exemplar vehicle to analyze the driver’s field of vision, proving that he should have seen her before impact.

The plaintiff also engaged several experts to substantiate the TBI diagnosis and the long-term financial and medical costs of her injuries.

After three years of litigation, and just two weeks before trial, the parties settled the matter for $1.9 million, a 1,480 percent increase over the initial offer.

Action: Motor vehicle negligence
Injuries alleged: Traumatic brain injury, loss of teeth, multiple fractures to jaw and face, fractured ribs and kneecap
Case name: Withheld
Court/case no.: Withheld
Jury and/or judge: N/A (settled)
Amount: $1.9 million
Date: Feb. 4, 2025
Attorneys: Alec S. Pine, Thomas J. Butters and Matthew D. Thompson, of Butters Brazilian, Boston (for the plaintiff)