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July 2016

Woman dead, daughter injured in New York car accident

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On behalf of of Kahn Gordon Timko & Rodriques P.C. posted in Premises Liability on Saturday, July 30th, 2016

A father and husband is grieving after a fatal collision in Queens on July 17, according to local sources. New York police say they are still hunting for the driver believed to be responsible for the fatal car accident that claimed the life of one woman and left her daughter in critical condition. The police investigation is ongoing at this time, but police say they hope to apprehend the driver soon. 

According to the accident report, the 40-year-old woman and her 9-year-old daughter were both passengers in a vehicle traveling in South Ozone Park around 5:00 p.m. when the accident happened. An SUV that was seen traveling at a high rate of speed struck their sedan, killing the woman at the scene. Her daughter, as well as a 71-year-old male passenger, were both rushed to local hospitals. Miraculously, the driver was uninjured. 

The SUV continued striking parked cars before coming to rest. The driver escaped on foot, leaving a passenger in the SUV who was also taken to a hospital. Police are still searching for the driver, but they hope that by interviewing the passenger and seeking the support of the community, the driver will be apprehended quickly.

When New York police catch the driver, he or she will likely be charged with at least one crime in connection with the fatal car accident. In addition, civil suits on behalf of the deceased woman and her injured daughter, as well as the other passenger, could be filed against this driver. It may benefit civil cases of these types to draw from police evidence used to support any criminal charges that are filed. 

Source: NBC New York, “Mom Killed, Daughter Critically Injured in Violent Collision in Queens: NYPD“, July 18, 2016


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Seven children hurt in New York car accident

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On behalf of of Kahn Gordon Timko & Rodriques P.C. posted in Premises Liability on Saturday, July 30th, 2016

A serious crash in Lynnbrook has sent seven children to local hospitals, according to local sources. New York police responded to the car accident on Long Island the afternoon of July 18. So far, they have yet to file charges against either driver involved in the crash, but their investigation is ongoing as of this report. 

According to police, around 1:00 p.m., an SUV was broadsided by a pickup truck in an intersection. The driver of the pickup truck was the only occupant of that vehicle, and two other adults were in the SUV at the time of the crash. None of the adults sustained any serious injuries in the collision. However, all seven children in the SUV, ages 9 to 14, sustained various injuries. One child was airlifted to a local hospital in serious condition due to head trauma. 

Police are still attempting to determine which of the drivers had the right of way at the time of the crash, but they have not released any concrete statements. They have also not publicly discussed what might have led to the crash. Reportedly, they have not ruled out speeding, recklessness, negligence or even intoxication at this time. However, no charges have yet been filed against either driver. 

It will be up to New York authorities to determine fault in this car accident. The driver deemed responsible may face a criminal charge. In addition, the families of the injured children may also be in a position under state law to file personal injury suits against the responsible driver on behalf of their injured children. These suits are considered civil and do not require criminal convictions to move forward. 

Source: CBS New York, “7 Children Hospitalized After Lynbrook SUV Crash“, July 18, 2016


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New York police officer charged in fatal car accident

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

A rookie police officer has been charged with manslaughter following the tragic death of a promising MIT student. New York police arrested one of their own after a car accident they believe was precipitated by the officer’s alleged intoxication. So far, no court date has been publicly announced for the case, though the officer has apparently been suspended. 

According to the accident report, the 28-year-old off-duty officer was driving his SUV in Brooklyn when he drove into a group of four young pedestrians early in the morning of July 16. The details of the crash were not recorded in the report, but it has been confirmed that a 21-year-old man was killed in the crash. The other three individuals struck were rushed to local hospitals. 

Two were taken in for surgery, and the third suffered such extreme injuries that he will be required to undergo multiple surgeries to regain the use of his leg, which was shattered in the accident. It is unclear whether the driver suffered injuries. However, he was booked for manslaughter and a number of other crimes before being freed on $300,000 bond. 

When the officer goes to trial, it will be up to the criminal court to determine his sentencing if he is found guilty. However, New York law also permits the family of the man killed in the car accident, as well as his injured friends, to file wrongful death and personal injury lawsuits against the officer within the civil justice system. Evidence from the police investigation may be offered to support civil claims for monetary damages even if no conviction is secured in criminal court. 

Source: New York Post, “Man killed in cop’s alleged drunken crash was MIT student“, Tina Moore, July 17, 2016


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Teen killed in New York car accident; drunk driver suspected

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On behalf of of Kahn Gordon Timko & Rodriques P.C. posted in Car Accidents on Tuesday, July 26th, 2016

A 17-year-old boy riding a bicycle was tragically killed on the night of July 17, according to local source. New York police arrested the driver involved in the car accident under suspicion of drunk driving. He now faces charges of vehicular manslaughter, though no court date has yet been announced in the case. 

The accident report says the 17-year-old was traveling near Marine Park when a southbound vehicle struck him around 8:45 p.m. The force of the impact was enough to tear the boy’s bicycle completely in half. The boy was pronounced dead at the scene of the accident by arriving medical personnel. 

Police arrived on the scene and arrested the 24-year-old male driver after determining he may have been drunk at the time of the accident. Apparently three other people were also injured in the crash and taken to local hospitals, though the report did not clarify whether the driver was among the injured. Regardless, he will stand trial for charges of vehicular manslaughter and likely also drunk driving when the police investigation is complete. 

The tragedy of a drunk driving car accident cannot be overstated, largely due to the preventable nature of such accidents. New York law ascribes harsh penalties to such crimes, and it seems likely the man will face serious jail time if he is found guilty. In addition, civil law says the family of the deceased boy and the injured parties are entitled to file wrongful death and personal injury lawsuits, respectively, against the driver in a civil court setting regardless of the outcome of the criminal trial. 

Source: New York Daily News, “Suspected drunken driver kills teen riding bicycle in Brooklyn“, Rocco Parascandola, July 18, 2016


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2 men injured, another charged in New York car accident

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On behalf of of Kahn Gordon Timko & Rodriques P.C. posted in Car Accidents on Friday, July 15th, 2016

A man is facing serious charges following a single car crash in the Town of Milan on July 7, according to local sources. New York police arrested the 25-year-old man following a car accident that sent his passenger to the emergency room. He faces numerous charges, though no court date has yet been announced. 

According to the accident report, the man was heading east on Route 308 when he somehow lost control of his vehicle, crashing into a traffic light support pole sometime around 7:30 a.m. One of his two passengers, also a 25-year-old man, needed to be extricated from the wreck of the vehicle before being airlifted to a local hospital in critical condition. The driver and the other passenger were also injured but were taken by regular ambulance. 

Police believe the driver was under the influence of drugs at the time of the crash. As a result, he now faces charges of felony second-degree vehicular assault and driving while impaired by drugs. He was treated and released from the hospital into police custody, but it is unclear if he is still in custody at this time. A court date will be forthcoming. 

Driving under the influence of drugs can lead to tragedy, as it very nearly did in the case of this car accident. While no one was killed in this crash, New York law states that the injured parties in the vehicle are entitled to file personal injury suits against the driver in addition to the criminal charges he already faces. Civil suits use police evidence to strengthen their cases in civil court. 

Source: poughkeepsiejournal.com, “Driver charged after Pine Plains man injured in Milan crash“, John Ferro, July 7, 2016


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Head-on car accident in New York kills family

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On behalf of of Kahn Gordon Timko & Rodriques P.C. posted in Car Accidents on Wednesday, July 13th, 2016

Four people are dead and a further two injured, including an 11-month-old boy, according to local sources. New York police responded to the car accident that claimed the lives of members of an Indian family visiting a a family member on a work visa in the United States. The other driver involved in the crash was among those killed and so will not face criminal charges. 

According to the accident report, a 25-year-old man driving a pickup truck lost control of his vehicle on Yaphank Middle Island Road. Polie have not publicly speculated about what may have caused this loss of control at this time. However, it has been confirmed that he was killed instantly. 

A 38-year-old new father and his parents, aged 60 and 74, were riding in the other vehicle and were also killed. The 38-year-old’s wife and their infant son managed to survive the crash, but they were rushed to local hospitals for immediate medical treatment. The wife is currently in critical condition, but the child is expected to survive. 

Given the driver who appears to have been responsible for the car accident was killed in the collision, no criminal charges will be filed posthumously. However, the family of the deceased victims and the surviving passengers may wish to seek out representation to help them file wrongful death and/or personal injury lawsuits against the driver’s estate. Here in New York, these suits are filed in civil court and do not depend on criminal charges or convictions to be filed. 

Source: NBC New York, “New Father, His Parents Among Victims Killed in Head-on Crash; Wife, Baby Remain in Hospital“, Greg Cergol, July 6, 2016


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Fatal car accident in New York kills woman

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

A 43-year-old woman is dead following a tragic crash on Long Island, according to local sources. New York police responded to the fatal car accident that involved a father and daughter riding their bicycles. The 57-year-old woman who was driving the car has not yet been charged with a crime, but police say their investigation is ongoing at this time. 

According to the accident report, the 57-year-old woman was driving her SUV in Hicksville around 3:00 p.m. when the accident occurred. It is not clear what made her lose control of her vehicle, but it has been confirmed that she struck two cyclists, the 43-year-old victim and her 72-year-old father. The SUV then continued on before crashing into the porch of a home, causing the porch to collapse. 

The 43-year-old woman was declared dead at the scene, and her father was taken to a local hospital with a knee injury. Both the driver and her 65-year-old passenger were taken to a local hospital with injuries described as severe. The SUV has been impounded for inspections to its brakes. 

Should New York police determine the 57-year-old driver was in some way responsible for the car accident, she could face serious criminal charges for recklessness, negligence or even intoxication, depending upon police findings. In addition, the family of the deceased woman and her father could file wrongful death and personal injury suits against the driver. While such suits are civil in nature and considered separate from criminal charges, they would draw upon police evidence when presented in civil court. 

Source: NBC New York, “Driver Slams Into Dad, Daughter on Bikes, Killing Daughter, Then Crashes into Home: Police“, Ray Villeda, June 30, 2016


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4 dead 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, July 7th, 2016

Four people tragically lost their lives in a serious crash in Yaphank, according to local sources. New York police responded to the car accident just before 11:00 p.m. the night of July 4. No charges are likely in this case, as the driver who appears to have been responsible was one of the fatalities in the crash. 

The accident report states that just after 10:45 p.m. a 25-year-old man lost control of the pickup truck he was driving, causing the vehicle to enter the oncoming lane. The pickup truck struck a sedan coming the other direction head-on. Witnesses say the pickup truck driver was driving erratically and recklessly prior to the crash. 

The pickup truck driver was killed in the initial impact, as were three other adults in the sedan. One other adult managed to survive the crash and is currently in the hospital in serious condition. A baby that was also in the sedan was rushed to a hospital as well, but the infant’s injuries are not considered life-threatening at this time. 

In situations where the driver responsible for a car accident is killed in the ensuing crash, no charges are filed posthumously. However, New York law states that the families of the deceased victims are entitled to file wrongful death suits against the driver’s estate and anyone with ownership interest in the vehicle involved in the crash. Such suits are handled in civil court but can make use of evidence gathered by police to support the claim of culpability. 

Source: CBS New York, “Police: Head-On Crash Leaves 4 Dead In Yaphank“, Mike Xirinachs, July 5, 2016


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