April 2016

On behalf of Nicholas Timko of Kahn Gordon Timko & Rodriques P.C. posted in Car Accidents on Saturday, April 30th, 2016

A tragic wreck has claimed the life of two people on Southern State Parkway, according to local sources. New York police have confirmed that the driver of an ambulance as well as his passenger were killed in the car accident. Another individual was injured in the crash as well. An investigation is still underway into the cause of the crash. 

According to the accident report, a privately-owned EMS vehicle was traveling east when, for reasons unknown, the driver veered off the road around noon on April 20. The vehicle then smashed into a brick wall near Exit 18. Both the driver and his patient were killed in the crash. 

An EMT who was in the back with the passenger was taken to a local hospital for treatment of a concussion and a broken leg. Apparently, the EMS vehicle did not have its lights or sirens on at the time of the accident. Police are still trying to determine what caused the crash, and their investigation is ongoing. 

If police can ascertain the cause of the car accident and attribute it to the driver, the injured EMT and the family of the deceased patient may be entitled to pursue justice beyond a criminal conviction. Obviously, criminal charges are not filed against the deceased, but New York law would allow the family of the deceased and the injured EMT to file a wrongful death and/or personal injury suit against the man’s estate. These cases are handled in civil court but still rely on police evidence to support the claim that the driver was at fault for the fatal accident. 

Source: New York Post, “Ambulance slams into overpass, killing driver and patient“, Gabrielle Fonrouge and Chris Perez, April 20, 2016

Tags: Car Accidents

On behalf of Nicholas Timko of Kahn Gordon Timko & Rodriques P.C. posted in Car Accidents on Thursday, April 28th, 2016

A 23-year-old Queens man is in custody following a hit-and-run accident that resulted in the death of a 47-year-old cab driver and injuries to his 20-year-old female passenger, according to local sources. New York police have placed the man under arrest for his role in the car accident. He was set to be arraigned on April 24. 

According to the accident report, the 23-year-old man is believed to have been traveling at a high rate of speed in the early morning hours of April 23 when he lost control of his vehicle. His car smashed into a taxi in Franklin Square with enough force to shove the other vehicle across two full lanes of traffic. The man then fled the scene at high speed. 

The cab driver was pronounced dead at the scene of the accident. His passenger escaped with a fractured foot and was taken to a local hospital for treatment. Approximately an hour after the accident, the other man was located on Hempstead Turnpike, where he was arrested. He now stands charged with vehicular manslaughter and leaving the scene of a fatal accident. 

Should the man be found guilty he could face serious jail time. In addition, New York law allows the family of the deceased cab driver and the injured passenger to file wrongful death and personal injury lawsuits against him. Even if he is not convicted for his role in the car accident, a civil lawsuit could still be won if enough evidence of his involvement in the crash is gathered and presented in civil court. 

Source: New York Daily News, “Queens man, 23, arrested after fatal hit-run crash in Long Island“, Thomas Tracy, April 23, 2016

Tags: Car Accidents

On behalf of Nicholas Timko of Kahn Gordon Timko & Rodriques P.C. posted in Car Accidents on Friday, April 22nd, 2016

Five people, including two police officers, were injured following a serious crash in Queens on the afternoon of April 11, according to local sources. The car accident involved a New York City police cruiser, a truck and a parked vehicle, sources have confirmed. All five people suffered from non-life-threatening injuries. 

According to the accident report, police from the 113th Precinct were operating a marked patrol vehicle when they struck a food delivery truck close to 130th Avenue. The patrol car sustained serious front-end damage. It is unclear which of the two vehicles precipitated the car accident. 

The damage was so bad that first responders had to take off the roof of the police vehicle in order to free the officers from the wreck. The truck involved also struck a parked vehicle, reportedly spilling several crates of cupcakes in the meantime. The officers and three other injured parties were rushed to a local hospital, but all are expected to make a full recovery. 

Depending on the outcome of the New York police investigation into this crash, the officer driving the marked vehicle or the driver of the delivery truck could face charges if either of the two drivers are found to have had a hand in the car accident. In addition, the injured parties could be entitled to filed personal injury lawsuits against the party responsible. If this turns out to be the New York police officer, the lawsuit could be extended to encompass the New York police department. No criminal conviction is required for these civil charges to be filed, or even to be won. 

Source: New York Post, “NYPD cruiser crashes into truck, sends cupcakes everywhere“, Kenneth Garger, April 12, 2016

Tags: Car Accidents

On behalf of Nicholas Timko of Kahn Gordon Timko & Rodriques P.C. posted in Car Accidents on Wednesday, April 20th, 2016

Country singer Luke Bryan has sent his best wishes to three of his employees who were injured in a car crash the morning of April 10. New York authorities responded to a car accident that reportedly involved three men who work as crew members on Bryan’s stage show. All three men survived the crash, but they are still suffering from injuries described as “undesignated.”

According to local sources, around 8:30 a.m., a minivan traveling southbound on State Route 13 left the road roughly a half mile north of Alpine Junction. The vehicle left the road with enough speed that it went airborne, striking a tree before coming to rest in a ditch. The local Odessa Fire Department arrived shortly thereafter. 

One of the injured men had been thrown from the vehicle, and the other two were trapped inside the minivan. Authorities needed to use the Jaws of Life to get the two men out of the vehicle. All three men were transported by helicopter to a local hospital, where they are suffering from injuries that have not been identified publicly. New York State Police are in the process of investigating the accident. 

Depending on the specifics of the car accident, New York authorities may choose to file criminal charges against the driver involved if it appears he precipitated the accident through negligence, recklessness or intoxication. Additionally, the other two men involved may have precedent to file personal injury lawsuits. Such suits do not require a criminal conviction as long as evidence exists to implicate the driver in the crash. 

Source: theboot.com, “Luke Bryan Offers Well Wishes to Local Crew Members Seriously Injured in Car Accident“, Angela Stefano, April 13, 2016

Tags: Car Accidents

On behalf of Nicholas Timko of Kahn Gordon Timko & Rodriques P.C. posted in Car Accidents on Thursday, April 14th, 2016

A woman has tragically died following a two-car accident in upstate New York, according to local authorities. Very little information has been released by New York State Police at this time, but it has been confirmed that the car accident caused the death of a 52-year-old woman. So far, no charges are being filed against the other driver involved in the crash. 

Details are incomplete as of this report, but the time of the accident has been confirmed as just before 10 a.m. the morning of April 5. According to the police report, the woman was broadsided by a vehicle driven by a 72-year-old man. The other driver’s condition is not currently known. 

First responders were required to extricate the woman from her vehicle, at which point she was rushed to a local hospital in critical condition. She was later pronounced dead. For the moment, police have not speculated on what may have caused the accident, but they probably have not ruled out negligence, recklessness or intoxication as possible causes. Their investigation remains ongoing as of this report.

Should New York State Police determine the 72-year-old driver to be at fault in a criminal way for this car accident, they may consider filing charges based on what they believe to be the cause of the crash. Even if no charges are filed or a conviction is not attained in criminal court, the family of the deceased woman still has the option of pursuing a wrongful death suit in civil court. Such a suit would require evidence that the other driver was responsible for the crash, but would not require a criminal conviction in order for the court to rule in the family’s favor.

Source: therepublic.com, “Authorities say a two-car crash in upstate New York has left a 52-year-old woman dead”, April 8, 2016

Tags: Car Accidents

On behalf of Nicholas Timko of Kahn Gordon Timko & Rodriques P.C. posted in Car Accidents on Tuesday, April 12th, 2016

Two people are dead on Long Island after a crash police believe to have been precipitated by a drunk driver. A husband and wife were tragically killed in a car accident New York police are attributing to the intoxication of the other driver involved in the crash. That individual is now facing charges related to the tragedy. 

According to the police report, a 67-year-old man and his 66-year-old wife were headed home from their daughter’s house and were negotiating a left turn when their pickup truck was struck by a smaller vehicle. The driver of that vehicle, a 23-year-old man ,was traveling at an extremely high rate of speed. The impact actually knocked the larger vehicle onto its side. 

The occupants of the pickup truck were both reported dead shortly after arriving at a local hospital. The other driver was also injured in the crash and was taken to a hospital as well. The driver reportedly smelled of alcohol and admitted to officers on the scene that he had been drinking. He is set to be arraigned on a variety of charges once he is released from the hospital. 

Should the man be proven to have been intoxicated when the car accident took place, he will likely face jail time as well as other penalties. Separately, New York law allows the surviving family of the victims to file wrongful death lawsuits on their behalves. These civil suits, if successfully presented, can help the family pay for final arrangements,  hospital costs and related damages. 

Source: abc7ny.com, “Husband and wife killed in Long Island crash by alleged drunk driver“, April 4, 2016

Tags: Car Accidents

On behalf of Nicholas Timko of Kahn Gordon Timko & Rodriques P.C. posted in Car Accidents on Saturday, April 9th, 2016

A 92-year-old man is dead and three others have been injured following a serious crash in Madison County, according to local police. New York authorities are still attempting to piece together what caused the car accident that claimed the life of the elderly man just a month after the death of his wife of 70 years. So far, no arrests have been made. 

According to the accident report, a 22-year-old man was headed westbound on Route 31 when his vehicle crossed the center line into the eastbound lane. His car struck a minivan driven by a 70-year-old man head-on. The 22-year-old was rushed to a local hospital with a severe head injury. The elder driver suffered internal injuries and his wife, who was riding in the front seat, suffered a head injury described as “severe.”

The 92-year-old man had been in the seat behind the driver. He suffered internal injuries and was later pronounced dead after having been revived several times with CPR once he arrived at the hospital. The man was the father of the woman in the front seat, and the father-in law of the driver. Police are still investigating the cause of the accident, but they say they have ruled out weather conditions and intoxication as possible causes. 

Regardless of what caused the car accident, a man is dead. In New York state, this means a full investigation will be launched to determine the extent to which the other driver is culpable in that man’s death, and the injuries of the other individuals involved.  It is possible the family may wish to file wrongful death and personal injury suits against him, even if no criminal charge is brought to bear. 

Source: syracuse.com, “Man, 92, dies in Madison County crash that injured 3 others“, Samantha House, Apr. 2, 2016

Tags: Car Accidents

On behalf of Nicholas Timko of Kahn Gordon Timko & Rodriques P.C. posted in Car Accidents on Thursday, April 7th, 2016

A 62-year-old woman employed as a nanny is being called a hero after pushing a baby carriage out of the way of an oncoming car. New York authorities report the woman is in a coma after the car accident in Long Island. The 9-month-old baby is reportedly unharmed. 

According to witnesses, the woman was pushing the carriage on the afternoon of March 31, when a woman negotiating a turn in an intersection in Rockville Centre apparently began bearing down on them. The woman reportedly shoved the carriage out of the way before the car struck her. A spokesperson for the village authorities maintains the woman’s actions likely saved the child’s life. 

The woman is now in a medically-induced coma after suffering serious injuries as a result of the accident. The driver involved is reportedly not being charged by police. However, the investigation into this crash is ongoing. 

Certain key details are missing from this report that may help determine how much legal right the nanny has under New York law in filing her own case in this car accident. For her to have suffered such extreme injuries suggests the driver was traveling at a high rate of speed, which may or may not have been conducive with safe operation of the motor vehicle. Additionally, if the nanny was pushing the stroller in a legal crosswalk, there may be additional merit for a suit to be filed. Even if police do not file criminal charges in this incident, the woman may have grounds to file a personal injury suit in civil court. 

Source: aol.com, “New York nanny reportedly in coma after pushing baby stroller out of path of car”, Apr. 1, 2016

Tags: Car Accidents