An elderly woman was killed while crossing the street in Middle Village a little more than a month ago. The fatal pedestrian accident in New York City happened along Juniper Boulevard between 81st and 82nd Streets at 6:30 on the morning of November 24th. Reports from the scene indicate that the victim was struck by a sedan driven by a 42-year-old man. When EMTs arrived, the woman was still alive but suffering from a traumatic head wound. They rushed her to nearby LIJ Forest Hills Hospital where she later passed away.
The individual behind the wheel stayed at the scene and was reportedly cooperating with police investigators. However, the section of street along which the accident occurred is fairly wide, uncluttered, and relatively uncongested. How the driver could have failed to see the woman before striking her remains a mystery.
In any pedestrian accident in New York City, victims, or the surviving family members of deceased individuals can still take legal action against the at-fault driver. In order to seek compensation from such individuals, one must produce evidence that the driver of the vehicle was indeed liable for the injuries sustained in the crash.
Several contributing factors demonstrating liability, include:
- Excessive speed
- Failure to yield
- Distracted driving
- Operating while impaired
- Brake or mechanical failure
But more importantly, a driver of a motor vehicle has the obligation of seeing what there is to be seen. If a pedestrian is crossing the street even in mid-block and against the light, a driver is obligated to do his or her best to avoid hitting the pedestrian regardless of where the pedestrian is crossing the street
However, proving a case against a driver in this circumstance will be difficult for an individual to do without professional legal help. If you or a loved one has been injured while crossing the street, contact an experienced pedestrian accident attorney in New York City as soon as possible. Call the Law Offices of Nussin S. Fogel at 800-734-9338 or 212-385-1122 without any further delay.