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September 2016

Amish man killed 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, September 29th, 2016

A man is tragically dead after a vehicle reportedly struck the Amish buggy he was operating in Cautauqua County, according to local sources. New York police are still investigating the unusual car accident that claimed the life of a man in his late 40s on the afternoon of Sept. 22. So far, they have not filed charges against the driver involved in the crash.

The accident report states that around 4:56 p.m. the man was operating an Amish buggy with at least four other occupants. At this point, the buggy was struck by a car driven by a local woman. The force of the impact killed the buggy operator, who was pronounced dead at the scene.

The other four occupants of the buggy were rushed to local hospitals for treatment of injuries that were not described in the report. There is no word on the condition of the driver of the car. Police have not filed charges against her yet but are still investigating the reason for the collision. They believe the woman may have fallen asleep at the wheel just before the crash took place.

If New York police are successful in documenting that the woman’s fatigue was a contributing factor to the car accident, she could face formal charges. Separately, the family of the deceased man as well as the injured occupants may wish to pursue monetary claims in a civil court setting. Personal injury and wrongful death lawsuits do not require that criminal charges but filed, but often on police evidence to prove the driver was materially responsible for the crash.

Source: buffalonews.com, “Panama man fatally injured in Amish buggy accident“, Matt Gryta, Sept. 22, 2016


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Man 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 Tuesday, September 27th, 2016

Police are still investigating a serious crash that claimed the life of one man in Cortland County the morning of Sept. 22. New York authorities responded to the car accident on State Route 90 in Homer. One man was reported dead, while a second was seriously hurt.

The accident report shows that a 61-year-old man was traveling southbound on Route 90 when the accident occurred. For reasons unknown, the man allowed his vehicle to drift into the northbound lane, where he collided with a tractor-trailer headed north. The force of the impact spun his vehicle off the road and onto the shoulder.

The driver of the car was pronounced dead at the scene of the crash by authorities who arrived shortly after 8:45 a.m. The 48-year-old driver of the tractor-trailer was also injured in the crash. He was transported to a local hospital with injuries described as non life-threatening. Police are still investigating why the driver of the car allowed his vehicle to drift into the oncoming lane.

Police will also be conducting an autopsy on the driver to determine whether he was intoxicated or on medication at the time of the car accident. If evidence is found that the older driver was materially responsible for the accident, New York law will allow the truck driver to file a personal injury suit against the other driver’s estate, as well as anyone else with ownership interest in the vehicle. Civil suits of this kind require evidence of driver negligence, but they do not require criminal charges to be filed.

Source: localsyr.com, “Police identify man killed in Cortland County car, tractor-trailer crash“, Sept. 23, 2016


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Boy suffers traumatic injury following bicycle crash in New York

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On behalf of of Kahn Gordon Timko & Rodriques P.C. posted in Personal Injury on Thursday, September 22nd, 2016

A 12-year-old boy is in critical care after an accident involving a car and his bicycle in the early morning of Sept. 14. New York medical authorities rushed the boy to the hospital for treatment of his traumatic injury. At the moment, charges have not been filed against the driver involved in the crash, who remained at the scene and cooperated with police. 

The accident report claims the boy was riding his bicycle just before 7 a.m. when a vehicle driven by a 24-year-old man apparently struck him. The boy’s bike impacted with the front driver’s side quarter of the vehicle with enough force to cause damage to the car, not to mention sending the boy to the ground. The boy’s helmet was shattered on impact. 

The boy is now in treatment at a local hospital in critical condition. Authorities were in the process of contacting his mother, who was in Israel at the time of the crash. Police are deeming this an accident and are not likely to file charges as of this report. 

With that said, there may still be legal recourse under New York law for the boy’s family to seek compensation for the traumatic injury he suffered in the accident. If the driver is proven to be at least partially at fault for the crash, the boy’s family may succeed by pursuing a personal injury lawsuit against him. If the boy was also negligent in a way that contributed to the accident, the potential damages awarded could be reduced commensurate with the boy’s percentage of fault.

Source: New York Post, “Kid’s helmet crushed in bloody bike crash“, Kevin Sheehan and Daniel Prendergast, Sept. 14, 2016


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Pedestrian critically 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 Tuesday, September 20th, 2016

A man has been critically injured after being struck by a vehicle in the Bronx in the early morning of Sept. 17, according to local sources. New York police arrested the driver involved in the car accident, who is suspected of drunk driving. However, they have not yet filed any charges against him. 

The details of the accident are not entirely clear as of this report. However, it has been confirmed that around 3 a.m., a 30-year-old man was walking at the time of the accident, which involved a sedan driven by a 28-year-old man. Apparently, the driver was headed northbound when he struck the pedestrian. 

The extent of the pedestrian’s injuries have not been made public at this time, but he has been described as being in critical condition. He was rushed to a local hospital for treatment. In the meantime, the driver was stopped by police, who administered a Breathalyzer test. The results of that test have not been publicized, but the man was subsequently arrested. 

If police choose to file charges against him, particularly if the charges involve drunk driving, a date in criminal court will be booked to allow the man his constitutional right to face those charges. In addition, even if police do not move forward with criminal charges, the injured man is entitled under New York law to file a personal injury lawsuit to attempt to sue for damages he suffered in the car accident. While criminal charges and/or convictions are not necessary for a civil suit of this type to be filed, police evidence implicating the driver would strengthen the civil case. 

Source: NewYork Daily News, “Pedestrian, 30, in critical condition after BMW strikes him“, Aidan McLaughlin, Sept. 17, 2016


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Former New York mayor faces lawsuit in car accident

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

The former mayor of New York City told authorities he was taking his wife to the hospital when he struck a bicyclist on June 30. The cyclist, a bike courier, accused David Dinkins of hit-and-run in the car accident that he says has kept him out of work since that day. The case is set to be heard in Manhattan Supreme Court.

According to the 89-year-old Dinkins, he was taking his wife to the emergency room on the advice of their doctor when the accident occurred. A bicycle courier was allegedly struck by the man’s car, a fact the former mayor was informed of by a bystander as they approached the hospital. Dinkins then continued on to the hospital and saw his wife admitted before returning to the scene.

Dinkins said he was interviewed by NYPD officers at the hospital and that his car was also inspected. He maintains he was unaware of any contact between his vehicle and the cyclist. The 32-year-old cyclist is suing for personal injury after suffering a broken ankle in the alleged collision. He says his employment has been affected by his injury, though the specific damages for which he is suing were not reported. 

If New York police determine the former mayor was at fault for striking the bicyclist in the car accident, they could press charges against him. There is no indication that criminal charges will be forthcoming, however. Nevertheless, criminal convictions and/or charges are not a prerequisite for the cyclist to file the personal injury suit in civil court. It will be necessary, though, for him to provide material evidence of Mayor Dinkins’ negligence in this case. 

Source: New York Post, “Dinkins says he was driving wife to hospital during bicyclist hit-and-run“, Kenneth Garger, Sept. 3, 2016


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1 dead, 1 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 Monday, September 12th, 2016

A Yeshiva student is dead and another seriously injured following a tragic chain reaction crash in Suffern, according to local police. New York authorities responded to the Rockland County car accident that reportedly also involved an off-duty police officer. For the moment, no charges have been filed against anyone involved in the crash. 

According to the accident report, a vehicle driven by a 24-year-old police officer attempted to pass another car turning into a driveway. The officer sideswiped the other vehicle, sending his car into oncoming traffic. The other vehicle was struck with enough force to propel it into the driveway, where a number of students were gathered. 

Two of those students, a 17-year-old and a 19-year-old, were struck by the car. They were both rushed to local hospitals. The 17-year-old was later pronounced dead, while the 19-year-old remains in serious condition. Both drivers involved in the crash passed sobriety tests, but police are still investigating to determine whether speed was a factor in the crash. 

If New York police determine the off-duty officer was indeed speeding or otherwise operating his vehicle negligently at the time of the car accident, it is possible they may choose to file criminal charges against him. Even if no charges are filed, however, state law allows the family of the deceased student and the injured student to file wrongful death and personal injury lawsuits against the officer in civil court. Both claims would require evidence of negligence for a monetary judgment to be paid. 

Source: CBS New York, “Yeshiva Student Killed, Another Hurt In Suffern Chain Reaction Crash“, Glenn Schuck, Janelle Burrell, Sean Adams, Sept. 8, 2016


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Man dead after 2-car accident in New York

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On behalf of of Kahn Gordon Timko & Rodriques P.C. posted in Car Accidents on Saturday, September 10th, 2016

Tragedy struck Fort Ann the morning of Sept. 7 when a man lost his life in a motor vehicle wreck. The car accident was reported by New York authorities as having taken place around 7 a.m. Two vehicles were involved. At this time, no charges have been filed against the other driver involved in the crash. 

According to the accident report, a 30-year-old man was traveling westbound on a local road when an eastbound vehicle driven by an unidentified woman suddenly crossed the center line. The two vehicles collided head-on. The man involved in the accident was pronounced dead at the scene by first responders. 

The woman was taken to a local hospital with injuries described as minor. Police are still working to determine the cause of the accident. Police spokespeople have said it is too early to tell whether charges will be filed in connection with this tragic accident. 

If police determine the woman was operating her vehicle in a manner inconsistent with safe conduct on the road, it is possible she will face criminal charges in connection with the fatal car accident. Even if no charges are filed, New York state law will allow the family of the deceased man to pursue a wrongful death lawsuit against the woman, as well as against anyone else listed as a registered owner of the vehicle she was driving. As long as sufficient material evidence exists of her negligence in the accident, such a suit could result in damages being awarded to the family. 

Source: poststar.com, “Police: Man killed in two-vehicle crash in Fort Ann“, Sept. 7, 2016


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3 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 Thursday, September 8th, 2016

Police are still in the process of determining the cause of a serious accident on the Long Island Expressway in the early morning of Aug. 31. New York authorities responded to the fatal car accident that claimed three lives and injured several other people. Charges are not likely in this case, as the driver police believe to be responsible for the crash was among those who were killed. 

The accident report states that a 25-year-old man may have been speeding eastbound on the LIE around 4:20 a.m. when he lost control of his vehicle and slammed into a guard rail. The force of the impact tore the vehicle in half, causing further collisions with debris spread across the highway. Three people were ejected from the vehicle and were pronounced dead on the scene by arriving medical professionals. They included the driver. 

Two other passengers were taken to local hospitals. One is described as being in stable condition, while the other is in critical condition and under constant care. Police believe speeding was a factor in the crash, but they are not sure as of this report whether intoxication may also have played a role. The crash caused a later collision when a dump truck could not stop in time behind vehicles waylaid by the accident, causing a five-car pileup. 

If New York police are correct and the driver of the vehicle was speeding at the time of the car accident, this could constitute materially contributing to the crash. If this is the case, the families of the deceased and the injured parties would be in good standing to file wrongful death and/or personal injury suits against the driver’s estate and anyone else with ownership interest in the vehicle. These suits are considered civil in nature and are handled accordingly. 

Source: CBS New York, “3 Dead, Others Injured After Multi-Vehicle Crash On LIE In Queens“, Aug. 31, 2016


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Woman dead following 2-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, September 2nd, 2016

Police deputies are still in the process of investigating a fatal crash in Piffard that claimed one life. A 63-year-old woman is dead following a car accident on Route 63 on the afternoon of Aug. 25. New York police have not yet filed charges in connection with this tragic incident, but the investigation is still underway as of this report. 

The accident report states that both vehicles involved in the crash were headed northbound on Route 63 when the accident occurred. Apparently, around 3:35 p.m., one car rear-ended the other for reasons that have not yet been articulated to the public by police officials. The 63-year-old female driver of the vehicle that was rear-ended reportedly died at the scene. 

The driver of the other vehicle, a 31-year-old woman, was taken to a local hospital for evaluation. The severity of her injuries has not been reported at this time. It does not appear that she has been charged with a crime by New York police, but police are still trying to determine how and why she rear-ended the vehicle in front of her. 

If New York police determine the car accident was caused by recklessness or negligence on the part of the driver who rear-ended the other vehicle, that driver could face criminal charges. In addition, the family of the deceased victim could also choose to file a wrongful death suit against the at-fault driver. A civil suit would be separate from any criminal proceedings brought against the driver and could help the deceased victim’s family members cope with the expenses associated with such a sudden loss.

Source: 13wham.com, “Pavilion woman killed in two-car crash in Piffard“, Aug. 25, 2016


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