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May 2016

1 dead, 3 injured after car accident in New York

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On behalf of of Kahn Gordon Timko & Rodriques P.C. posted in Car Accidents on Friday, May 27th, 2016

An out-of-state man is dead, and three teenagers have been injured following a serious crash in Allegany County the night of May 18, according to local sources. New York State Police have reported that the single-car accident occurred sometime around 8:45 p.m. So far, they have not filed charges against the driver involved in the crash. 

The accident report contends that the 19-year-old female driver drifted off the road while traveling southbound on Route 19. The car struck a guardrail, causing the vehicle to slide sideways across the road. The car then struck a tree with enough force to kill the 39-year-old passenger in the front seat. 

The driver as well as two other passengers, both aged 19, were taken to a local hospital for treatment after suffering injuries of unknown severity. State police are still in the process of investigating the accident and have not yet commented on what they believe to be the cause of the vehicle drift. They have not ruled out recklessness, negligence or intoxication as possible causes, but they have also not filed any charges against the driver. 

As the New York State Police investigation continues, it is hoped the cause of the car accident will be isolated and determined. If it turns out the driver contributed materially to the accident that killed one passenger and injured two others, she could find herself facing criminal charges. In addition, the family of the deceased man as well as the other two passengers will be entitled to file wrongful death and personal injury suits against her in a civil court regardless of whether criminal charges are filed. 

Source: wivb.com, “PA man killed, 3 Allegany County teens injured in car crash“, Evan Anstey, May 19, 2016


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2 dead following car accident in New York

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On behalf of of Kahn Gordon Timko & Rodriques P.C. posted in Car Accidents on Wednesday, May 25th, 2016

A tragic crash on the Long Island Expressway the night of May 23 has left two people dead, according to local sources. Apparently, an off-duty New York City police officer struck two people who had exited a vehicle involved in an earlier car accident. So far, no charges have been filed against anyone involved in the crash. 

According to the report, a disabled vehicle carrying four young people was stopped in the high-occupancy vehicle lane of the Long Island Expressway around 11:00 p.m. All four individuals had exited the vehicle to survey the damage when an off-duty officer driving an SUV rounded the curve and entered the lane. The officer struck the disabled vehicle as well as the driver, a 20-year-old man, and an 18-year-old passenger. 

Both the driver and the passenger were killed in the collision. Two other passengers suffered minor injuries and so did the off-duty officer. The extent of their injuries have not been reported at this time. Police say alcohol was not a factor in the crash, and they are not likely to pursue charges against the officer involved. 

Even though charges will probably not be filed, the families of the deceased as well as the injured parties may still have legal recourse available to them. New York law states that in the case of a car accident, personal injury and wrongful death suits can be filed against the driver deemed responsible for the crash, even if criminality is not suspected. While a criminal charge can help lend credence to a civil suit of this nature, it is not mandatory for such a suit to be filed. 

Source: NBC New York, “Off-Duty NYPD Cop Hits Disabled Car on Long Island Expressway, Killing 2: Police, Sources“, Jonathan Dienst, May 24, 2016


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1 dead, 3 hurt in New York car accident

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On behalf of of Kahn Gordon Timko & Rodriques P.C. posted in Car Accidents on Thursday, May 19th, 2016

A driver is dead and three other people have been hospitalized following a serious crash in Nassau, according to local sources. The single-car accident resulted in the death of the driver on the night of May 8. For the moment, New York police are continuing their investigation into the cause of the tragic crash. 

Details about the accident are incomplete as of this report, but it has been confirmed that for reasons unknown, the 20-year-old driver appeared to lose control of his vehicle around 9:52 p.m., causing the car to leave the road. The car then struck a tree with enough force to almost totally destroy the car. The driver was pronounced dead at the scene when medical personnel arrived at the site of the crash. 

Three passengers in the vehicle were extracted and rushed to local hospitals for “trauma services” suggesting they were all seriously injured. The exact nature of their injuries has not yet been made public by authorities. Police have also not commented on what they believe may have caused the accident, though it appears they have not yet ruled out negligence, recklessness or even intoxication. Their investigation is ongoing at this time. 

If the New York police investigation turns up evidence suggesting the driver was responsible for the car accident in a meaningful way (e.g. if he was intoxicated at the time of the crash), the injured parties may have legal recourse available to them. While no criminal charge is filed posthumously, the injured parties could file personal injury lawsuits in civil court. These suits would be directed against the driver’s estate and anyone with ownership interest in the vehicle involved in the crash. 

Source: Five Towns, NY Patch, “Driver Killed, 3 Hospitalized in Nassau Car Crash“, Priscila Korb, May 9, 2016


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New York police seek hit-and-run driver involved in car accident

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On behalf of of Kahn Gordon Timko & Rodriques P.C. posted in Car Accidents on Tuesday, May 17th, 2016

Local police have released photos of a vehicle they believe was responsible for a serious chain-reaction crash in the Upper West Side around 4:30 p.m. on May 9. New York authorities have asked anyone who witnessed the car accident to contact them with details. For the moment, no charges have been filed as the hunt is on for the driver involved. 

According to the accident report, a vehicle with out-of-state plates rear-ended a taxi that had stopped to pick up a rider on Broadway. The force of the impact propelled the cab into a nearby halal cart, which then fell over into a truck. The driver of the car left the scene at high speed.

Several people were injured in the crash, including a 39-year-old woman who had part of her arm amputated. She was rushed to a local hospital for treatment. Three other people also sustained injuries, though theirs were reported as minor. Police have not yet caught up with the driver responsible for the crash, but when they do they expect to file criminal charges. 

At the very least, the driver responsible for this car accident will likely face charges of leaving the scene of an accident. New York police may also choose to file further criminal charges, depending on the outcome of their investigation. Finally, the injured parties (particularly the woman with the amputated arm) are entitled under state law to file personal injury suits against the driver in civil court, citing police evidence to support their claims. 

Source: New York Post, “NYPD searching for car that caused UWS chain-reaction crash“, Daniel Prendergast, May 10, 2016


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Teen dies in New York car accident

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

One teenager was injured and another was killed following a single car crash in Orange County on April 30, according to local sources. New York police responded to the predawn car accident that claimed the life of a 16-year-old boy. Police have not determined whether alcohol was involved in the crash, but they are continuing to investigate at this time. 

According to the accident report, a 16-year-old boy and his 16-year-old male passenger had attended a prom earlier in the evening before heading to an after-party where alcohol was reportedly consumed. Sometime after this, the teen lost control of his vehicle and veered off the road, striking a utility pole and an earthen embankment. The passenger was pronounced dead at the scene of the crash. 

The driver suffered a broken leg and was taken to a local hospital for treatment. A toxicology report was ordered to determine whether the driver had consumed alcohol the night of the crash, but it has been confirmed he was driving in violation of his learner’s permit, which does not allow him to drive after 9 p,m. The incident is still under investigation as of this report. 

Should it be determined that the driver was drinking the night of the car accident, he could face criminal charges under New York law as it pertains to minors. Separately, the family of the deceased boy may choose to file a wrongful death suit against the driver and owner/s of the car. Such a suit is handled in civil court, but it often relies on evidence presented in any related criminal proceeding to support the claims of negligence. 

Source: recordonline.com, “Funeral set for Greenwood Lake teen killed in car crash”, Hema Easley, May 2, 2016


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2 injured in New York car accident

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

A serious crash in Orchard Park closed roads and required the evacuation of two people, according to local sources. New York authorities responded to a car accident involving a tractor-trailer around 2 p.m. on the afternoon of May 4. For the moment, no charges have been filed against anyone involved in the crash, though the investigation is still underway as of this report. 

According to the accident report, a tractor-trailer and a car collided on Milestrip Road. Details of the crash were not reported, but the severity of the collision forced the closure of the road from Route 20 all the way to Route 219. Mercy Flight was called to the scene. 

Two individuals were extricated from the wreckage of the car by fire fighters wielding the Jaws of Life. They were flown to a local hospital with injuries that appear to be severe. Preliminary investigation suggests the car was struck by the tractor-trailer, which was carrying other cars at the time of the accident. New York State Police are continuing their investigation at this time. 

Depending on the outcome of the investigation, New York authorities may choose to file criminal charges against the driver of the tractor-trailer if he or she is found to have negligently contributed to the car accident in a meaningful way. In addition, the injured individuals may also be able to file personal injury suits against not only the driver, but the owner of the tractor-trailer and the driver’s employer. Such suits are handled separately from criminal cases in a civil court setting. 

Source: wivb.com, “Tractor trailer collides with car; 2 evacuated via Mercy Flight“, Mark Belcher, May 4, 2016


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Woman dead following New York car accident

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

A bizarre crash in Brooklyn on May 1 claimed one life, according to local sources. A 51-year-old woman was declared dead by New York authorities after she was hit by a stolen SUV. The car accident is still under investigation by local authorities, and the perpetrators are still at large as of this report. 

According to the accident report, an SUV that had been reported stolen apparently ran a stop sign around 12:50 p.m. The vehicle struck a red sedan, the impact of which sent the SUV onto the sidewalk. The SUV then struck two pedestrians, a 57-year-old man and a 51-year-old woman. The 20-year-old driver of the sedan was taken to a local hospital in stable condition along with the older man. 

The woman was rushed to a local hospital with serious injuries. She was pronounced dead later that day. The driver and passengers of the stolen SUV fled the scene on foot and have yet to be recovered. Police have asked anyone who witnessed the accident to please contact their local authorities in the hopes of tracking down the driver responsible for the fatal crash. 

Hopefully, New York police will soon catch up with and arrest the suspects for their role in the car accident as well as for stealing the vehicle to begin with. Depending on their ages, their criminal charges could carry heavy penalties. Regardless, as soon as they are found, the family of the deceased woman, as well as all of the injured parties, will be entitled to file civil suits against the driver for his or her role in the crash. 

Source: New York Daily News, “Woman killed, man injured after getting struck by stolen SUV in Brooklyn“, Eric Sandoval, Ryan Sit, Graham Rayman, May 2, 2016


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2 children injured in fatal New York car accident

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On behalf of of Kahn Gordon Timko & Rodriques P.C. posted in Car Accidents on Thursday, May 5th, 2016

One woman is dead and two children are in the hospital following a serious crash in the Bronx, according to local sources. New York police responded to the tragic car accident on the evening of April 30. It is not currently clear which of the two drivers involved in the crash is responsible, but the police investigation is ongoing as of this report. 

According to sources, a 58-year-old woman was transporting a 5-year old and a 9-year-old in her vehicle southbound on Webster Avenue when the accident occurred. It appears she collided head-on with a vehicle heading the opposite direction. Police have yet to ascertain exactly how the accident happened. 

The woman was found unconscious by arriving medical personnel and was transported to a local hospital. She was later pronounced dead. The two children were also taken to local hospitals with unknown injuries, though sources say the children are expected to pull through. The other driver involved in the accident, a 76-year-old woman, was also injured, but she is also expected to survive. 

It may take some time for New York police to piece together the specifics of this car accident. Depending on their findings, one or both drivers could be considered at fault, though only the surviving driver would be subject to any criminal charges, if applicable. The family or families of the two injured children are entitled under state law to file personal injury lawsuits against the driver(s) deemed responsible for the crash. If the surviving driver is implicated, the family of the deceased woman may also be able to file a wrongful death lawsuit. 

Source: New York Post, “Woman dead, 2 kids injured in Bronx car crash“, Tom Wilson, May 1, 2016


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