A driver was arrested by the NYPD after a fatal pedestrian accident in New York City earlier this month. The 65-year-old driver attempted an illegal u-turn while proceeding through a red light. The incident happened at the intersection of Avenue M and East 12th Street in the Midwood neighborhood on the evening of November 25th. The victim, 69-year-old Bella Wolman was crossing the street in a marked crosswalk when she was struck.
EMTs arrived at the scene of the crime within minutes and rushed the victim to nearby Maimonides Medical Center but she was unable to overcome her injuries. She was pronounced dead shortly after arriving.
The driver of the Mercedes which struck the woman did remain at the scene and allegedly cooperated with police investigators. The intersection in question is a complex one with difficult angles but that does not change the fact that the driver is alleged to have committed multiple violations. She is now facing multiple charges including illegal u-turn, failure to stop at a red light, and failure to exercise due caution.
The “due caution” charge is rarely used in New York City pedestrian accidents. Under New York traffic laws, every driver has a duty of care to safeguard other motorists, bicyclists and pedestrians while behind the wheel. This charge can apply to situations in which many other laws do not (such as in parking lots and “off-road” situations).
Regardless of the violations, the victim’s family can bring a claim against the driver and owner of the motor vehicle for pain and suffering for the time the victim survived after the accident and unpaid funeral and medical expenses.
If you or a loved one has been struck by a careless driver, you may be entitled to compensation regardless of criminal charges filed by the NYPD. Consult with an expert pedestrian accident attorney in New York City today to ensure that your legal right to compensation is protected. Call the Law Offices of Nussin S. Fogel at 800-134-9338 or 212-385-1122 today.