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November 2016

Fatal New York car accident on Long Island

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

Two people are dead after a fatal crash in Brookhaven, according to local police. New York authorities on Long Island were called in response to a one-way driver on Sunrise Highway the night of Nov. 27. Police are still trying to determine the cause of the car accident, not to mention why the man was traveling the wrong way on the highway. No criminal charges are expected to be filed as both drivers involved perished in the crash. 

According to the police report, a 23-year-old man entered Sunrise Highway going in the wrong direction around 4 a.m. Witnesses called police to report him, but he managed to make it some seven miles traveling at a high rate of speed in the dark before the accident happened. A 49-year-old man was headed in the correct direction when the two vehicles collided.

The force of the impact killed both drivers immediately. A passenger in the wrong-way car was pulled from the wreckage by arriving medical personnel. That individual, the 25-year-old cousin of the driver, was rushed to a local hospital in critical condition. Police still have yet to put together why the man was traveling the wrong way on the highway, but their investigation is still underway. 

In a fatal car accident that kills the driver responsible, criminal charges are not filed posthumously. However, the family of the deceased man, as well as the injured passenger, are entitled under New York law to file wrongful death and personal injury lawsuits, respectively, against the driver’s estate. Any police evidence that supports driver error as part of the cause of the crash can be offered to support a civil suit of this type. 

Source: abc7ny.com, “2 dead, 1 hurt in crash involving wrong-way driver on Sunrise Highway in Brookhaven, Long Island“, Lucy Yang, Nov. 28, 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 Saturday, November 26th, 2016

Two people have been sent to the hospital after a vehicle reportedly jumped a curb on the Upper West Side. New York police responded to the pedestrian-related car accident during the morning of Nov. 17. The driver has not yet been charged with a crime, but the investigation into the crash is ongoing. 

The police report confirms that, around 11:30 a.m., a vehicle driven by an as-yet-unidentified person was traveling on West 96th Street when the accident occurred. For reasons unknown, the driver apparently lost control of the vehicle, causing it to mount the curb and enter the sidewalk. Two pedestrians, a 59-year-old man and a 63-year-old woman, were struck by the vehicle. 

Both parties were rushed to local hospitals. The man is in stable condition, but the woman’s condition has been described by medical authorities as critical. The driver reportedly stayed at the scene of the accident. While police have not yet filed charges, they have also not ruled out recklessness, negligence and/or intoxication as possible contributing factors to the accident. 

Depending on the outcome of the New York police investigation, the driver could yet face criminal charges if it is determined that he or she violated the law with regard to the car accident. Even if no formal charges are filed, however, state law allows both injured parties to file personal injury lawsuits against the driver in civil court. These claims may make use of the police report describing the events of Nov. 17 in order to seek compensation for damages incurred as a result of the crash. 

Source: pix11.com, “Car jumps curb on Upper West Side injuring 2 pedestrians“, Alyssa Zauderer, Nov. 17, 2016


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Car accident kills senior in New York

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On behalf of of Kahn Gordon Timko & Rodriques P.C. posted in Car Accidents on Thursday, November 24th, 2016

An 81-year-old woman has been tragically killed following an accident in a parking lot in Yonkers, according to police. New York authorities have reported that in addition to the fatality, the car accident also resulted in injury to two other people. So far, they have not filed charges against anyone involved in the crash. 

According to the accident report, around 11 a.m. the morning of Nov. 19, a southbound vehicle on Central Park Avenue was attempting to negotiate a left-hand turn into a shopping center parking lot when it struck another vehicle headed in the opposite direction. Police and firefighters responded to the accident and were able to extricate an 81-year-old woman from the passenger side of the first car. Despite their best efforts, she was later pronounced dead at a local hospital.

The drivers of both vehicles, neither of whom have been publicly identified by police, were both treated for injuries described as non-life threatening. Police are still trying to determine exactly what happened to cause the crash, and which driver was responsible. Reportedly, they will not file charges until the investigation is complete. 

New York authorities will continue to investigate this tragic car accident until they can determine whether one or both drivers caused or contributed to the crash. That individual or individuals may face criminal charges. Separately, the family of the deceased woman may choose to bring a wrongful death lawsuit against one or both drivers in civil court. These claims typically make use of police evidence in an attempt to be awarded compensation by the court for damages incurred due to the accident. 

Source: NBC New York, “Elderly Woman Dies After Shopping Center Car Crash in Yonkers: Yonkers Police“, Nov. 20, 2016


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Car accident kills 2 in New York

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On behalf of of Kahn Gordon Timko & Rodriques P.C. posted in Car Accidents on Friday, November 18th, 2016

A multi-vehicle crash in North Bellmore has claimed two lives, according to authorities. New York police have confirmed that a 20-year-old man and an unidentified female pedestrian were both victims of the car accident, which happened during the night of Nov. 4. The driver responsible for the crash was one of the victims, so criminal charges will not be filed. 

According to the police report, a 20-year-old man was headed westbound when his vehicle rear-ended another car, causing the second car to spin out of control. The second vehicle left the road and jumped onto the sidewalk, where it collided with the pedestrian. She was pronounced dead at the scene of the accident. 

The man’s vehicle continued westbound before striking a dumpster. The force of the impact killed the car driver and sent the dumpster careening into yet another vehicle. Thankfully, further injuries were minimal, as the driver of the rear-ended vehicle was treated for injuries not considered life threatening, and no one else was seriously hurt. Police are not sure what caused the initial collision, but considering the force of the impact, they are not ruling out speed or recklessness as potential causes. 

Even though criminal charges are not filed posthumously, it is important for a car accident to be fully investigated to determine the cause, particularly in the case of fatal crashes. The family of the deceased woman could choose to file a wrongful death suit against the driver’s estate. This would require a representative to be appointed to answer the claim in a New York civil courtroom. 

Source: pix11.com, “2 dead in North Bellmore multi-vehicle crash: police“, Talia Tirella, Nov. 5, 2016


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Bizarre car accident in New York kills 3

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On behalf of of Kahn Gordon Timko & Rodriques P.C. posted in Car Accidents on Wednesday, November 16th, 2016

Three people are dead and several others are injured following a bizarre wrong-way crash in Syracuse. New York police responded to a man driving north on a southbound roadway, but were unsuccessful in preventing the car accident. An investigation has yet to explain what the driver was doing in the oncoming lane. 

The police report said the 68-year-old man had run his car into bushes on the side of Route 481 before reversing back onto the road and beginning to drive northbound in the southbound lanes. A police officer attempted to stop him by parking his vehicle in the path of the driver, but the man swerved around him and continued on his way. The man eventually struck several other vehicles after causing mayhem on the highway for several miles. 

The occupants of the first vehicle he struck were among the victims. Twin sisters, both 69, were killed in the collision. The driver, who was married to one of the twins, was seriously injured. The wrong-way driver was also killed in the crash. Police are now in the process of determining what made him not only travel the wrong way, but also refuse to stop for officers attempting to avoid tragedy. 

A car accident involving an older person can be influenced by many factors, some of which could even be health related. However, it is the responsibility of all drivers in New York to accurately assess their ability to operate a motor vehicle safely. Given the nature of this accident, the family of the deceased women as well as the surviving injured are all entitled to file personal injury and wrongful death suits against the driver’s estate in civil court. 

Source: syracuse.com, “Wrong-way driver in fatal Route 481 crash swerved around police car parked to stop him“, Samantha House, Nov. 8, 2016


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Police chase ends in 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, November 10th, 2016

One person is dead, and two others have been injured following a police chase in Long Island, according to local sources. New York authorities responded to a violent car accident on the night of Nov. 2. The driver responsible has been charged with assault, manslaughter and operating a vehicle without a license. No court date has been set as of this report.

According to the police report, two plainclothes officers pursued a speeding vehicle around 8:15 p.m. When the vehicle came to a stop, one of the officers approached the car to pull over the driver. The 45-year-old man behind the wheel instead fled the scene in his car. After a brief chase, his vehicle collided with another car, causing serious damage to both vehicles and crashing through a fence onto a private front yard.

The man’s 33-year-old passenger suffered head trauma and was reported dead at the scene. The 24-year-old driver of the other vehicle suffered a broken jaw and was taken to a local hospital. The 45-year-old man sustained injuries to his leg and head. He now stands charged with manslaughter, as well as several other charges. This adds to his list of 22 prior arrests.

Considering the circumstances of the car accident, it seems likely the man will face jail time for his role in the crash. Additionally, the family of the deceased passenger, as well as the injured driver, are entitled under New York state law to file personal injury and/or wrongful death suits against him in civil court. Evidence gathered by police for the criminal proceedings can also be used to support civil suits.

Source: NBC New York, “1 Dead, 2 Injured in Violent Crash After Police Pursuit on Long Island“, Katherine Creag, Nov. 3, 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 Tuesday, November 8th, 2016

A chain-reaction crash in North Bellmore left two people dead, according to local sources. New York police responded to the car accident that claimed the lives of a 45-year-old pedestrian and a 20-year-old driver on the night of Nov. 4. So far, police have not released the identity of the deceased pedestrian, pending notification of the next of kin.

According to the accident report, a 20-year-old driver was traveling westbound when he apparently rear-ended another vehicle, driven by a 26-year-old woman. This caused the second vehicle to spin out of control and strike a 45-year-old male pedestrian before striking several other cars. The 20-year-old driver was pronounced dead at the scene of the accident.

The pedestrian was also reported dead, though it is unclear whether he died at the scene. The 26-year-old driver was taken to a local hospital with injuries described as critical but not life-threatening. It is unclear at this time whether anyone else was injured in the crash. The police investigation has yet to reveal what caused the initial driver to lose control of his vehicle.

New York police will continue to investigate the car accident to determine exactly what happened. As the driver was killed in the crash, no criminal charges are likely to be filed. However, the family of the pedestrian, as well as the injured driver, are both entitled to file wrongful death and/or personal injury suits against the driver’s estate and anyone else who had ownership interest in the vehicle involved in the crash. Police evidence can be used to bolster such suits in civil court.

Source: CBS New York, “Driver, Pedestrian Killed In Chain-Reaction Crash On Long Island“, Nov. 5, 2016


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Single-car accident in New York under investigation

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On behalf of of Kahn Gordon Timko & Rodriques P.C. posted in Car Accidents on Thursday, November 3rd, 2016

State police in Albany are still in the process of investigating a crash that took place on the morning of Oct. 30. New York authorities responded to the car accident on the Thruway that injured two people. So far, they have not filed charges against the driver involved in the single-car crash, but charges may still be possible as the investigation continues to unfold. 

Details about the accident are sparse at the time of this report. It has been confirmed that around 10:40 a.m. a vehicle carrying the driver and one passenger was headed northbound somewhere between exits 22 and 23 when the accident occurred. For reasons that have not yet been confirmed, the driver lost control of the vehicle, which caused the car to leave the road and roll over several times in a wooded area. 

Both the driver and the passenger needed to be extricated from the wreck. They were taken to a medical center in Albany. Their current statuses are unknown. Police do not know why the driver lost control of the vehicle, but they have not ruled out recklessness, negligence or even intoxication at this time. 

Depending on the outcome of the New York police investigation, the driver involved in the car accident may yet face charges. However, even if no formal charges are filed, state law will allow the passenger to file a personal injury suit against the driver in civil court. A successful civil suit can result in the awarding of financial damages to the injured party, and it is only reliant on police evidence, not a criminal charge or conviction, to succeed. 

Source: timesunion.com, “Rollover crash on Thruway under investigation“, Oct. 30, 2016


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Fatal car accident in New York kills 1

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On behalf of of Kahn Gordon Timko & Rodriques P.C. posted in Car Accidents on Tuesday, November 1st, 2016

Police are still in the process of investigating a fatal crash in the town of Moreau the morning of Oct. 30. New York State Police say the single-car accident claimed the life of one passenger and sent several other people to the hospital. For the moment, they have not filed charges against the driver involved in the accident. 

The accident report states that around 9:00 a.m., a vehicle being driven by an unknown person was traveling northbound when the driver reportedly fell asleep at the wheel. This caused the vehicle to leave the road on the left-hand side before re-entering the roadway. The vehicle then overturned multiple times before coming to rest. 

One of the passengers in the vehicle was apparently ejected from the vehicle. That individual, who also remains unknown at this time, was reported dead at the scene by the local coroner. The driver was treated at the scene and four other people were taken to a local hospital with minor injuries. One further individual was airlifted to a different hospital with injuries described as non life-threatening. 

New York police have not released the names of the individuals involved in the car accident pending notification of their families. It is possible the driver could face charges of negligence, but even if no criminal charges are filed, the family of the deceased passenger and all injured parties are entitled under state law to file wrongful death and/or personal injury lawsuits against the driver. These suits, handled in civil court, make use of police evidence to back up their claims. 

Source: WNYT.com, “New York State Police investigating fatal accident in Moreau“, Oct. 30, 2016


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