A man was killed in May in a fatal pedestrian accident in New York City. The individual was attempting to cross the street on May 14th around 11:45 PM when he was struck by a Jetta driven by a 20-year-old male. The victim lay in the roadway and was unconscious and unresponsive when EMTs arrived at the scene. His injuries were described as “severe body trauma.” The emergency responders rushed the victim to New York-Presbyterian Hospital-Queens but he was pronounced dead shortly after arrival.
The driver of the Jetta stayed at the scene of this tragic pedestrian accident in Queens and cooperated with police investigators. Investigators suspect that poor visibility played a significant contributing factor in this particular accident as it occurred late at night.
Under New York City traffic law, drivers of automobiles have a duty of care to watch out for pedestrians and yield to them when necessary. While failing to see a victim due to poor visibility could reduce the chances of a driver being hit with criminal charges in a pedestrian accident in New York, the victim or their surviving dependents could argue that the operator still holds at least some of the fault in the crash. Both the pedestrian and driver have the responsibility to see what is there to be seen.
In this case, the victim’s family can pursue financial compensation from the driver and owner of the vehicle in a personal injury lawsuit. The lawsuit would be for pain and suffering for the time the victim survived after the accident and for the amount of money the victim would have contributed to his household over his work life expectancy. Separately and in addition, the vehicle’s insurance company would have to pay no-fault benefits which would cover medical and funeral expenses.
If you or a loved one has been seriously injured while crossing the street, consult an experienced New York City pedestrian accident lawyer as soon as possible. Call the Law Offices of Nussin S. Fogel at 800-734-9338 or 212-385-1122 for your free consultation today.