A man was arrested by NYPD officers earlier this month after fatally striking a pedestrian crossing the road on New Year’s Eve. The pedestrian accident in Harlem happened at around 5 in the afternoon on New Year’s Eve day at the intersection of E. 125th Street and Madison Avenue in East Harlem. Witnesses say the truck, a commercial glass repair vehicle, stayed at the scene of the accident until NYPD officers arrived.
It’s estimated that intoxication (drunk driving) causes one death every 59-minutes in the United States. In this particular case, responding officers had reason to believe the driver may have been under the influence of either drugs or alcohol.
The cops delivered a field sobriety test and found the driver to be intoxicated. He was immediately arrested and charged with vehicular manslaughter and driving while intoxicated. If found guilty, the driver could be facing at up to 7 years in prison and a potential fine of $5,000.
Because the driver is being held criminally responsible for his negligent actions doesn’t mean that the victim’s family members can’t hold him financially liable in civil court. Indeed, civil cases can proceed regardless of criminal charges.
Pedestrian accidents in New York City like this one (involving commercial vehicles and death) add another layer of complexity to the financial recovery process. If the driver was “on-the-clock” while behind the wheel, the company he worked for under New York law shares in the liability (thus the financial responsibility). The driver, driver’s employer and owner of the vehicle can be held responsible for pain and suffering for the time the victim survived after the accident along with whatever the victim would have contributed from his wages to his family over the course of the victim’s lifetime.
The best way to get adequate compensation after such a crash is to contact an experienced pedestrian accident lawyer in New York. Call the professional attorneys at the Law Offices of Nussin S. Fogel today for a free consultation. Call 800-734-9338 or 212-385-1122 right now.