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August 2016

Speeding may be a factor in New York car accident

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On behalf of of Kahn Gordon Timko & Rodriques P.C. posted in Car Accidents on Wednesday, August 31st, 2016

An investigation into a fatal crash that killed a former political aide and members of his family is still underway in Manhattan. New York police are investigating a car accident on the Long Island Expressway that claimed several lives, including a 10-year-old child. Charges are not pending as the driver believed to be responsible for the accident also perished in the tragic crash. 

The police report states the vehicle driven by a 26-year-old man may have been traveling at an unsafe speed eastbound on the LIE when the accident happened. It appears the driver lost control of the vehicle, possibly due to a change in road surface due to construction. The vehicle went airborne into the westbound lanes, crashing into two other vehicles before coming to rest. 

The driver and his sister were both killed. The driver’s 10-year-old son was rushed to a hospital but later succumbed to his injuries. Two other people in his vehicle were injured. The four other individuals in the other two vehicles, a driver and passenger in each car, were all killed as well. Police are still investigating at this time. 

The magnitude of this car accident is enough by itself to ensure New York police continue to conduct a thorough investigation into the cause of the crash. While no charges will be filed even if it is discovered that the eastbound driver was speeding, it may be possible for the families of the other deceased individuals to seek justice outside criminal court. State law allows those families to sue the man’s estate for wrongful death, using police evidence to bolster their claims in civil court. 

Source: CBS New York, “Sources: Scene Of Deadly LIE Crash Suggests Driver Was Going 100 MPH“, Aug. 22, 2016


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Pedestrians dead 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, August 25th, 2016

Two people tragically lost their lives after a serious accident near a party in the early morning of Aug. 20. New York authorities have confirmed that two 18-year-old victims were killed. Two more were injured in the car accident. So far, police have not filed charges against the driver. 

The accident report states that the vehicle, driven by a 20-year-old, was traveling southbound when the accident happened. The vehicle reportedly struck four pedestrians on the side of the road. It is unclear if any other vehicles were damaged in the crash. 

Three of the four pedestrians were injured in the crash. An 18-year-old man and an 18-year-old woman, were pronounced dead at the scene of the crash. The third was rushed to a local hospital via airlift, but has since been released. The driver reportedly suffered minor injuries and was taken by ambulance to a local hospital. Police have not yet filed charges against the driver, but their investigation is ongoing at the time of this report. 

Even if New York police decide not to file charges against the driver involved in the car accident, the families of the deceased individuals and the injured third party still have legal recourse available to them. Wrongful death and personal injury lawsuits are not contingent upon criminal charges or convictions when they are filed in civil court. As long as sufficient evidence exists to suggest the driver negligently contributed in a material way to the accident, the families of the deceased and the injured person could be awarded judgments for monetary damages. 

Source: wivb.com, “Two dead after car hits pedestrians in Wheatfield“, Brian Tabor, Aug. 20, 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 Tuesday, August 23rd, 2016

New York State Police are in the process of investigating a single-car crash in Schuyler Falls. The authorities responded to the rollover car accident around 5 p.m. the evening of Aug. 14. As of this report, they have not yet charged the driver, but their investigation is still ongoing.

The accident report states the driver, who has not been publicly identified at this time, apparently lost control of the vehicle. At some point the car flipped onto its roof, which is where witnesses found the vehicle. The two occupants, both women of an indeterminate age, were trapped inside the vehicle and calling for help. 

One of the two women was attempting to free herself from the vehicle, but meeting little success. Emergency workers arrived on the scene a short time later and extracted both women from the wreckage of the car. The extent of their injuries is unknown at this time, but both women were taken to a local hospital for treatment. Police have not commented on what they believe caused the driver to lose control of the car. 

New York State Police will continue to investigate the particulars of this car accident until it can be determined whether the driver committed a crime. If they believe it to be true, she could face formal charges in criminal court. The passenger in the vehicle is entitled under state law to file a separate personal injury suit against her in civil court. Civil suits are not contingent upon criminal charges or convictions, but typically make use of police evidence in court. 

Source: wptz.com, “2 trapped inside car after crash; taken to hospital“, Jennifer Sheahen, Aug. 15, 2016


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Car accident in New York leaves 1 in critical condition

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

A serious accident in Huron resulted in one person being airlifted to a local hospital. New York police responded to the car accident on the night of Aug. 6. So far, they have not filed charges against either driver involved, and they have ruled out intoxication as a factor in the crash. 

According to the accident report, a northbound vehicle struck the driver’s side of a westbound vehicle in an intersection. It is not clear at this time which driver had the right of way, but it is part of the ongoing police investigation. The westbound driver was airlifted to a local hospital for emergency surgery, and was reportedly in critical condition. The exact nature of that individual’s injuries were not specified in the report.  

Two other people were also taken to local hospitals via ambulance, but it is unclear which vehicle those individuals occupied at the time of the crash. So far, they have not commented publicly on what they believe to be the cause of the crash. They have not ruled out intoxication, recklessness or negligence on the part of the drivers involved in the accident. 

Once New York State Police make a determination about which driver was at fault in this car accident, they may choose to file criminal charges against that driver. Even in the absence of criminal charges, the injured parties are able to file personal injury lawsuits against the driver or drivers who contributed materially to the crash. Such suits are filed in civil court and, though the require evidence of negligence, are not dependent upon criminal charges or convictions to be successful. 

Source: 13wham.com, “One person airlifted to hospital in critical condition after crash in Huron“, Aug. 7, 2016


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2 injured in car accident in New York City’s Harlem neighborhood

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

A serious car crash in Harlem has sent two people to local hospitals, police have reported. New York authorities responded to the car accident the morning of Aug. 11. At this time, no charges have been filed in connection with this accident, but police say they are continuing their investigation into the cause of the crash. 

The accident report confirms the crash occurred at approximately 6:00 a.m. on Madison Avenue. Police say three vehicles were involved in the crash, one of which ended up colliding with a building. Apparently, no serious damage was done to the building. 

Two people were taken to a local hospital with injuries described as minor, and a third was treated on the scene without needing to be taken to a hospital. The exact nature of the injuries each party incurred is unknown at this time. Police have not charged any of the drivers involved with a crime at this time. 

When a car accident results in injuries, no matter how minor, it is up to New York authorities to investigate to the fullest extent of their abilities to determine the cause of the crash. If one or more drivers are found to be materially responsible for the accident, those individuals may face charges pertaining to their involvement in the crash. Additionally, injured parties are entitled under state law to file personal injury lawsuits against the driver or drivers found to be responsible. While minor injuries may seem easy to dismiss at first, it is sometimes possible for such injuries to manifest as long-term health issues at a later time, meaning that an injury suit might be well-founded. 

Source: Harlem, NY Patch, “Multi-Vehicle Car Crash in East Harlem Sends 2 to Hospital“, Brendan Krisel, Aug. 11, 2016


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Recent grad 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 Thursday, August 11th, 2016

Police have reported that a recent business school graduate was tragically killed in Hell’s Kitchen early on the morning of July 31. New York authorities responded to the car accident that claimed the life of a 22-year-old man. So far, no charges have been filed against the driver involved in the crash, but the police investigation is ongoing. 

According to the accident report, around 2:17 a.m. the 22-year-old was crossing the southern part of the West Side Highway when the accident occurred. When he crossed into the northbound lanes, he was struck by a vehicle driven by an unknown individual. Medical personnel called to the scene found him unconscious. He was attended to by first responders on the way to a local hospital, where he was later pronounced dead as a result of body and head trauma. 

The 26-year-old driver was apparently in the process of changing two lanes when he struck the younger man. It has been reported that he stayed at the scene of the accident. Apparently, he cooperated fully with police officers during the preliminary investigation of the crash site. 

If it is determined that the driver negligently caused or contributed to the car accident that killed the student, he could face criminal charges. Even if no charges are filed, the family of the deceased man could choose to file a wrongful death lawsuit against him in a New York civil court. While criminal convictions are not a prerequisite for a civil charge to win in court, evidence of driver negligence would be necessary to prevail. 

Source: emorywheel.com, “2016 Grad Jack Koval Dies in NYC Car Accident“, Avery Yang, Aug. 3, 2016


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Driver 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 Tuesday, August 9th, 2016

Two pedestrians were injured in a vehicle crash on Sunrise Highway the afternoon of Aug. 6, authorities have reported. New York State Police arrested a driver who was apparently high on drugs at the time of the car accident. Thankfully, both injured individuals are expected to pull through. 

The accident report states that an East Hampton couple had stopped on the shoulder of the eastbound lane of Sunrise Highway around 11:30 a.m., reportedly to record a video of a small brushfire. At this point, a 20-year-old woman lost control of her vehicle. She skidded across the highway and struck both individuals head-on. 

The female pedestrian, 34, suffered leg and head injuries that were described as traumatic, but not life-threatening. She was airlifted to a local hospital. The 38-year-old man was rushed by ambulance to another hospital with injuries that were not specified in the report. The driver was also taken by ambulance to a hospital to undergo minor treatment before being released into police custody. She stands charged with DWAI and has since been arraigned. 

If New York police are able to prove the woman was high on drugs at the time of the car accident, there may be further charges pending against her. In addition, the injured couple are entitled under state law to file personal injury suits against the driver in a civil court setting. While a conviction is not required for a civil suit to be successful, the suit would make use of any evidence accrued against the driver in the course of the police investigation. 

Source: 27east.com, “UPDATE: East Hampton Couple Struck By Car Saturday On Sunrise Highway, Driver Charged With Driving On Drugs“, Michael Wright, Aug. 7, 2016


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2 dead 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, August 6th, 2016

Two men are dead and police are searching for a hit-and-run driver following a serious crash in Brooklyn. New York authorities responded to the car accident around 12 a.m. to find two men injured. Neither man survived, and police are now on the lookout for the driver involved in the fatal crash. 

According to the accident report, the two men were pedestrians crossing the street when a speeding vehicle struck them both, as well as two parked vehicles, before coming to rest. The driver of the car reportedly fled the scene on foot, and police have not yet released a description of that individual. When police arrived, they found a 41-year-old man dead at the scene and a 56-year-old man clinging to life. 

The older man was rushed to a local hospital with critical injuries. He was pronounced dead a short time later. Police have not released any information about the driver they are currently seeking in connection with the tragedy, but they have assured New Yorkers that their investigation will not end until the subject is apprehended. 

A hit-and-run car accident of this type is always tragic, made all the more so in this case as the younger of the two victims was also the father of two boys. New York police will eventually catch up with the driver responsible, who will likely face criminal charges. Separately, the families of the deceased men will be entitled to file wrongful death lawsuits against that driver in a civil court, even if no criminal conviction is obtained. 

Source: New York Daily News, “Crashes in Brooklyn, Bronx kill 2 pedestrians, injure 3 others“, Rikki Reyna, Aug. 1, 2016


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5 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, August 4th, 2016

A serious crash in New York has sent five people to the hospital, according to local sources. The early morning of July 30 was very nearly the site of tragedy after a car accident occurred between a livery cab and a minivan. Thankfully, everyone is expected to survive. 

According to the accident report, just after 2:00 a.m., the livery cab T-boned a minivan on its way through an intersection in the Bronx. The force of the impact sent the minivan careening off the road and into a tree before it settled on the sidewalk. First responders reported that both vehicles sustained major front-end damage. 

The identity of the individuals in both cars is unknown at this time, but it has been confirmed that five individuals were rushed to local hospitals. It is also unknown whether one or both drivers were among the injured parties. It is unclear whether anyone else was involved in the accident, but if other passengers were on the scene, it appears they were uninjured. Police have not publicly filed charges against either driver at this time. 

Too little information is available for any guesses to be made as to how this case will turn out. New York police will continue their investigation until a cause for the car accident has been found, at which time one or both drivers may face criminal charges. Injured parties are also entitled under state law to file personal injury suits against the driver or drivers police believe contributed in a material way to the accident. This is not contingent on criminal convictions or even charges being filed. 

Source: New York Daily News, “Cab T-bones minivan in Bronx crash; 5 hurt expected to survive“, Keldy Ortiz, July 30, 2016


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