An elderly woman was killed early this month in what is believed to be the first fatal pedestrian accident in New York City. The woman, a 74-year-old resident of Queens, was walking along Northern Boulevard near the intersection with Parsons Boulevard around 6 in the evening when she was struck by a car and killed. EMTs arrived at the scene of the accident within minutes but nothing could be done. The victim had already passed away.
The driver, a 43-year-old man, stayed at the scene and cooperated with investigators. It appears that the man did not see the victim. No criminal charges have been filed against the driver but NYPD is still investigating.
Speed is the number one contributing factor to motor vehicle crashes involving pedestrians. However, the number one victim-controlled contributing factor to pedestrian accidents in New York City is visibility. Indeed, the majority of pedestrian accidents happen during the evening and night even though motor vehicle and foot traffic is much higher during the day.
However, just because a lack of visibility contributed to a pedestrian accident doesn’t mean the driver is off the hook. New York traffic law is very clear-drivers have a duty of care to safely operate their vehicles in any condition and beware of visible potential hazards like bicyclists and pedestrians.
If they fail in that duty of care, victims (or their surviving family members) may be able to hold the driver liable for the pedestrian’s injuries and lost time from work. Under New York’s no-fault law, the injured pedestrian is entitled to no-fault benefits for medical/hospital and all health-related expenses along with up to $2,000 a month for lost wages. Funeral expenses are as well covered. These benefits are provided by the insurance company for the automobile which struck the pedestrian.
If you’ve been injured by a careless driver while crossing the street, contact an experienced pedestrian accident lawyer in New York City today. Call the Law Offices of Nussin S. Fogel at 800-734-9338 or 212-385-1122 or 212-385-1122 for your free consultation.