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December 2016

Multi-car accident injures teen in New York

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

A driver traveling the wrong way on an interstate roadway is now facing criminal charges. New York police arrested the 38-year-old man. He stands accused of causing a car accident that seriously injured a 14-year-old passenger. The man is believed to have been drunk at the time of the accident.

According to the accident report, the crash involved three vehicles on Interstate 787 in Albany. On the night of Dec. 23, the accused man was traveling north in the southbound lanes of the interstate. The first vehicle he struck was operated by a 61-year-old woman, whose condition is unknown at this time. His vehicle then continued on northbound.

He then struck a second vehicle, driven by a 38-year-old woman and carrying the teenager. The passenger had to be extricated from the rear of the vehicle due to the damage caused by the crash. He was rushed to a medical center in Albany where emergency surgery was performed. The teen is now listed as being in stable condition. The condition of the driver is unknown.

The man responsible for the car accident has been charged with drunk driving, vehicular assault and reckless endangerment. He has been arraigned and is currently in police custody awaiting trial. Under New York law, all injured parties are entitled to file personal injury lawsuits against him, apart from his criminal charges. However, these claims are handled in civil court, though a criminal conviction related to a motor vehicle accident often goes a long ways toward establishing financial liability in a personal injury claim. 

Source: news10.com, “Police: Man charged with DWI after multi-car crash sends teen to hospital“, Dec. 24, 2016


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Car accident in New York claims two lives

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

Two people have been tragically killed in a single-vehicle crash on Long Island, according to police. New York authorities are still piecing together the cause of the car accident that killed two unidentified individuals on the early morning of Dec. 18. They have asked anyone who may have witnessed the crash to please come forward with statements to help them determine the cause. 

Details are sketchy at this time, but it has been confirmed that an SUV was traveling eastbound on Woodbury Road in Hicksville around 6:00 a.m. when the crash occurred. It appears the driver of the vehicle may have lost control, causing the vehicle to leave the roadway and crash through a fence. The vehicle then struck a tree with enough force to cause the vehicle to explode into flames. 

Witnesses have reported the flames were substantial enough that it appeared an entire house was on fire. Neither individual in the vehicle was able to escape the blaze, and both were pronounced dead at the scene by medical and emergency personnel when they arrived. Further investigation will be necessary to determine the cause of the crash and to identify the victims. 

New York police will continue to coordinate with local sources to find the cause of the car accident. The family of the deceased passenger may be in a position to file a wrongful death lawsuit against the driver’s estate once both individuals are positively identified by authorities. In order for such a suit to be successful, the complainants would have to provide compelling evidence of material contribution to the accident by the driver, either by way of negligence, recklessness or intoxication, among other possible contributing factors. 

Source: CBS New York, “2 Dead After Car Hits Tree, Catches Fire In Hicksville, Police Say“, Dec. 24, 2016


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New York car accident injures 7 in Brooklyn

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

Police are in the process of investigating a multi-vehicle crash that sent seven people to the hospital in the East Flatbush region of Brooklyn during the afternoon of Dec. 12. New York authorities have apprehended the driver believed responsible for the car accident. It is unclear what charges he will face at this time. 

According to the accident report, the unknown driver apparently struck an unmarked police vehicle in an intersection before fleeing the scene in the car. Police pursued the vehicle, resulting in a short chase through Brooklyn. At some point, the driver lost control of the vehicle and smashed into seven vehicles and a pedestrian before attempting to flee on foot. The driver was quickly arrested. 

Seven people were injured in the crash, six of whom are considered to have minor injuries. The seventh, the pedestrian who was hit, suffered serious injuries, but medical authorities expect that individual to recover quickly. There is currently no court date set for the driver involved in the crash, pending determination of the charges he will face. 

It seems likely the driver will face considerable legal trouble in the wake of this car accident, particularly considering he fled the scene of an accident causing bodily harm. However, separate from any criminal charges, the injured parties have legal recourse under New York law. Each party may be entitled to file a personal injury suit against the driver. If they wish, they can offer police evidence from the criminal case to help plead their case in civil court. 

Source: CBS New York, “Seven Injured, One Seriously, In Brooklyn Crash“, Dec. 12, 2016


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2 teens tragically 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, December 22nd, 2016

A serious car crash on Long Island involving a bus has resulted in two fatalities. New York authorities responded to the car accident, which happened on the afternoon of Dec. 16. Two teenagers died, and several other people were injured. It does not appear that charges will be filed against the driver of the bus. 

The accident report is still being put together by police, but it has been confirmed that the car, driven by a 16-year-old boy, ran a red light on County Road 21. This caused his vehicle to crash into a bus carrying multiple disabled passengers. The force of the impact totaled the car, and both the driver and his 19-year-old male passenger were killed in the collision. 

Several of the passengers on board the bus were also reportedly injured, but it appears no one suffered injuries that could be described as life-threatening. Police are still trying to determine why the 16-year-old ran the red light, but they have not ruled out negligence, reckless driving or intoxication as possibilities at this time. Their investigation is still underway at this time. 

Considering the fact that the driver ran a red light, it seems likely he was materially responsible for the car accident. Obviously, criminal charges are not filed posthumously, but New York law does allow the family of the deceased passenger, as well as anyone injured on the bus, to file civil suits for personal injury and/or wrongful death. Such claims would be filed against the boy’s estate and anyone with an ownership interest in the vehicle involved. 

Source: abc7ny.com, “2 teens killed after car crashes into bus carrying disabled passengers in Middle Island“, Dec. 17, 2016


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Teen 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 Friday, December 16th, 2016

A 15-year-old boy is tragically dead following a pedestrian-related crash in Unadilla, according to local sources. New York State Police are in the process of investigating the car accident that claimed the boy’s life. They have not filed charges against the driver involved, but they have ruled out intoxication as a possible factor in the accident. 

According to the accident report, around 5:00 p.m. the evening of Dec. 5, police responded to calls about a pedestrian accident on Unadilla’s Main Street. It appears the 15-year-old male victim was walking on the side of the road with a friend when he was struck by a vehicle. The car, driven by a 47-year-old woman, reportedly struck him while traveling westbound along Main Street. 

The boy was rushed to a local hospital with severe head and body injuries. He succumbed to these injuries and was pronounced dead the following day. The friend he was walking with, as well as the driver of the vehicle involved, were reportedly unharmed in the collision. The scene was investigated by the New York State Police Accident Reconstruction Unit. 

Depending on the outcome of the investigation, it is still possible the woman involved in the car accident could face criminal charges. Even if she does not, however, New York state law will allow the family of the deceased to file a wrongful death suit against her in civil court. While such suits are not contingent upon criminal charges or convictions, sufficient evidence of the driver’s material contribution to the accident will be necessary. 

Source: wktv.com, “Teen killed in car-pedestrian crash in Otsego County“, Dec. 6, 2016


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1 dead, 1 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 Wednesday, December 14th, 2016

A vehicle crash on Grand Central Parkway in Queens has claimed one life and sent a second person to the hospital, local news sources have reported. The single-car accident is still under investigation by New York police. It appears at this time that speed may have played a role in the crash, but officials have not officially named this as the cause. 

Around 8:30 p.m. on the night of Dec. 3, an unknown individual was driving his SUV eastbound through the exit onto Upton Turnpike when it appears he lost control of his vehicle. The SUV mounted the sidewalk before smashing into a concrete block wall beneath the overpass. The force of the impact caused the vehicle to catch fire. 

The driver was killed in the impact, but the passenger, an unknown individual, was thrown clear of the blaze. He was apparently rushed to a local hospital and was listed as being in critical condition as of this report. Police are unsure whether any other factors including intoxication contributed to the accident, but their investigation continues, and they hope to have an answer for the public soon. 

Regardless of the cause of the car accident, New York authorities cannot file posthumous criminal charges against the driver. However, the passenger will be entitled under state law to file a personal injury lawsuit against the driver’s estate and anyone else with ownership interest in the vehicle. Such a suit is filed in civil court and uses police evidence of recklessness or any other factor to prove material contribution to the court. 

Source: ny1.com, “Fatal Accident on Grand Central Parkway in Queens Kills Driver, Sends Passenger to Hospital“, Dec. 4, 2016


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New York woman injured in car accident

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

An elderly woman crossing a street has been critically injured on the Upper East Side. New York authorities are still investigating the car accident that resulted in a 66-year-old woman being rushed to the hospital on the evening of Nov. 28. The driver has not been charged with a crime as of this report, but the police investigation is still underway. 

The report says the woman appeared to be in a crosswalk around 7 p.m. when a driver attempting to negotiate a left-hand turn struck her. The force of the impact forced the woman under the SUV, where she remained pinned despite the efforts of witnesses to free her. She was rushed to a local hospital with injuries to her face and hips. Her current condition appears to be critical. 

Police met with the driver, who stayed on the scene. They have begun scouring the area for evidence as well as any surveillance video they can find that might help determine how the accident occurred. There could still be criminal charges pursued against the driver, depending upon what evidence police are able to collect from the scene and from witnesses. 

New York law is stringent when it comes to the responsibility of drivers to maintain caution and to drive according to prevailing conditions. If the driver is found to have been driving recklessly or negligently, that individual might yet face criminal charges. Separately, the injured woman is entitled to file a personal injury suit against the driver involved in the car accident. Civil suits of this nature often use police evidence to argue for damages to be awarded by the court. 

Source: NBC New York, “Woman Struck by SUV, Critically Injured on Upper East Side: NYPD“, Ray Villeda, Nov. 29, 2016


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Man charged in New York car accident found guilty

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On behalf of of Kahn Gordon Timko & Rodriques P.C. posted in Car Accidents on Thursday, December 8th, 2016

A man who pleaded guilty to criminal negligent homicide for driving under the influence will spend the next five years on probation, according to state officials. New York authorities have just completed the trial of the 35-year-old Brooklyn man who stood accused of being responsible for the death of a 32-year-old woman back in 2014. The other driver involved in the car accident has also pleaded guilty to DUI and manslaughter, though he will not be sentenced until next year. 

The accident report from the night in question says the woman was lying down in the back of the 35-year-old man’s vehicle when another car, also driven by a 35-year-old man, smashed into their vehicle. Police believe he was traveling at nearly 100 mph. The resulting crash devastated the car and killed the woman in the back seat.

The man driving the struck vehicle pleaded guilty and, in addition to probation, had his license suspended and incurred a fine of $500. He will also spend time in community service. It is unclear whether either of the two drivers involved were injured in the crash. 

In the case of a fatal car accident caused by drunk driving, families are often invested in justice for the deceased. Given both men pleaded guilty, the family of the deceased woman are in a good position to succeed in any wrongful death lawsuit against either man in a New York civil court. These types of personal injury claims typically make use of police evidence and any convictions secured in criminal court in order to argue for damages to be awarded in civil court. 

Source: New York Daily News, “Brooklyn man gets five years probation for deadly 2014 car crash“, Christina Carrega, Nov. 29, 2016


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2 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 Friday, December 2nd, 2016

Two people were injured in Brentwood during the early morning of Nov. 26, according to police on Long Island. New York authorities have determined the car accident took place just before 5:27 a.m. So far, no charges have been formally announced in connection with this crash, but police are still investigating. 

Details of the crash are still unclear as of this writing, but it has been confirmed that at least one vehicle was involved. Police arriving at the scene found a sedan overturned and cut in two by the highway divider. A box truck was also stopped at the scene, but it is unclear whether it was involved in the crash. 

Police reported that several people were injured in the crash. Two people in particular suffered serious injuries and were rushed to a local hospital. The Long Island Expressway was closed for nearly five hours as police conducted their investigation at the crash site. 

When a car accident of this type occurs, police typically move to investigate more thoroughly before releasing information about the crash to the press and the general public. Once a cause has been determined, however, they will announce any formal charges and usually the identities of those involved in the crash. At this time, New York law allows injured parties to file personal injury lawsuits against the driver or drivers believed responsible for the accident. Criminal charges do not need to be filed in order for such suits to be processed in civil court, but police evidence can be helpful in winning damages. 

Source: abc7ny.com, “2 people injured on Long Island in early morning accident“, Nov. 26, 2016


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