A man was killed in a collision with an automobile in Brooklyn earlier this month. The fatal pedestrian accident in New York City happened on October 7th around 7 PM when an SUV slammed into a man crossing the street at the intersection of Avenue V and Ford Street. The victim was rushed to Coney Island Hospital by an EMS team who tried valiantly to save him. He died at the hospital.
The driver of the SUV stayed at the scene and waited for police investigators but was not charged with any wrongdoing. In fact, some claim the official police statement seems to place the blame on the victim. At least one version states that the pedestrian was struck while crossing the street “outside the crosswalk.” A media outlet investigating the crash uncovered a glaring error: there is no crosswalk at the intersection.
Under New York City Law (according to the NYC official website), a crosswalk is defined as: “. . . any area distinctly indicated for pedestrian crossing by lines or other pavement markings.”
And while it’s true that there was no painted crosswalk at the scene of this tragic pedestrian accident in Brooklyn, New York City also considers “any part of the road at an intersection between the curbs on opposite sides of the roadway or, if there are no curbs, between the edges of the road” a crosswalk. Drivers have a duty of care to watch for and yield to pedestrians inside these “implied crosswalks” as well.
While the driver in this fatal collision isn’t facing any criminal charges, he could still be facing a civil lawsuit filed on behalf of surviving family members of the victim. The lawsuit would be for pain and suffering for the time the victim survived after the accident and the amount of money the victim would have contributed to his household over his work life expectancy.
If you’ve been struck while crossing the street, contact the expert New York City crosswalk accident lawyers at the Law Offices of Nussin S. Fogel for your free consultation. Call 800-734-9338 or 212-385-1122 today.