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January 2017

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, January 27th, 2017

A 39-year-old man is facing charges after a crash that injured a teenager in Greenpoint, police in Brooklyn have reported. The New York man stands accused of assault and reckless endangerment after a car accident in which his vehicle struck a 14-year-old boy. It is unknown at this time whether he has arranged for legal representation, but he has been released on $3,500 bail.

The accident report confirms that the man was behind the wheel of his SUV the night of Jan. 22, transporting his wife, their two toddler-aged children and the family nanny. It appears the man may have tried to cut off another driver, causing him to lose control of the vehicle. The SUV left the road and jumped the curb onto the sidewalk. 

The teenager was walking on the sidewalk at the time and was struck with enough force to throw him approximately 10 feet. The occupants of the vehicle were unharmed, but the boy was rushed to a local hospital with unspecified injuries. Thankfully the teen is expected to survive, but the man who hit him will face serious criminal consequences if he is found guilty.

New York state law requires all drivers to operate their vehicles in a safe manner. If the car accident report is true, it appears the driver may have violated this requirement. Even if he is not found guilty of the charges filed against him pertaining to the car accident, the boy’s family is still entitled to sue for personal injury in civil court. While criminal convictions are not required for a civil suit to be successful, it can be helpful to make use of evidence gathered by police. 

Source: New York Post, “Driver who hit teen had family in car at time of crash“, Priscilla deGregory, Jan. 24, 2017


Car accident under investigation in New York

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On behalf of of Kahn Gordon Timko & Rodriques P.C. posted in Car Accidents on Wednesday, January 25th, 2017

Local and state police are in the process of investigating a serious accident in the town of Kendall. The Orleans County Sheriff’s Office is working closely with New York State Police to determine the cause of the car accident. Details are limited at this time, but the investigation is well underway. 

According to the report, it appears the driver of a northbound vehicle did not yield the right-of-way to a westbound vehicle at a local intersection, which is marked by stop signs. The resulting collision caused at least one fatality. As of this report, the number of people injured and/or killed in the crash has not been verified, and police are not releasing further information until family members can be notified. 

Police believe foggy conditions could have played a role in the crash, as visibility was reduced in the area at the time of the accident. However, they have not ruled out negligent or reckless driving as possible causes as well. Neither local nor state police have filed any criminal charges at this time. 

New York State Police will continue to support local law enforcement in their investigation into this tragic car accident. If it can be determined that one or both drivers contributed materially to the crash, even taking into consideration inclement weather conditions, it is possible criminal charges will be filed. Separately, the injured parties and the families of the deceased are entitled under state law to file civil lawsuits for personal injury and wrongful death, as appropriate, in civil court against one or both drivers. 

Source: thedailynewsonline.com, “Fatal car accident in Kendall under investigation“, Jan. 22, 2017


New York woman dead in car accident

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On behalf of of Kahn Gordon Timko & Rodriques P.C. posted in Car Accidents on Friday, January 20th, 2017

A woman is tragically dead and five other people have been sent to the hospital following a serious crash on the night of Jan. 12. New York police responded to the car accident that claimed the life of an 18-year-old woman. The investigation is still underway as of this report, with no charges having been filed to date. 

Police in Greece, New York say the accident appears to have been caused by a vehicle crossing the center line. That car collided with another car headed the other direction, causing massive damage to both vehicles. The fatal victim was a front-seat passenger in the car that crossed the line. She was pronounced dead at the scene by arriving medical personnel. 

Three more people in the first vehicle, as well as two from the other vehicle, were all taken to local hospitals. One of the occupants, a 19-year-old man, is in guarded condition, with the other four people suffering from injuries not considered life threatening. Police have yet to comment on the cause of the accident, but have not ruled out reckless driving at this time. 

The New York police investigation will determine whether criminal charges will be filed against the driver who crossed the center line and caused the car accident. If the evidence suggests that driver was negligent, reckless or intoxicated, the family of the deceased woman and all injured parties are entitled under state law to file for wrongful death and/or personal injury, as applicable. Evidence of material contribution to the accident can only help such a civil case succeed. 

Source: theeagle.com, “1 dead, 5 injured in 2-car crash on upstate New York road”, Jan. 13, 2017


New York woman badly injured in car accident

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On behalf of of Kahn Gordon Timko & Rodriques P.C. posted in Car Accidents on Wednesday, January 18th, 2017

A woman police believe was impaired by drugs at the time of a terrifying crash is now in custody, according to local sources. New York authorities arrested a 33-year-old woman after her vehicle crashed into a gas pump, badly injuring the woman using it. The driver was scheduled to be arraigned on Jan. 15 for her role in the car accident.

According to the accident report, a 62-year-old woman was filling her vehicle with gasoline at a station on William Floyd Parkway around 11:25 a.m. when the accident occurred. The driver was attempting to navigate a turn into the gas station at a high rate of speed, but missed the turn and lost control of her vehicle. Her car smashed into the pump being used by the older woman. 

The accident victim was badly injured as a result of the collision. Fortunately, she was on the other side of the pump that was struck by the motorist, though was pinned against her vehicle as a result of the accident. She was extricated and rushed to a local hospital with serious injuries. The driver was arrested on the scene under suspicion of being high on drugs, and was taken into New York police custody at that time. 

In car accidents predicated on drug or alcohol intoxication, New York law is harsh on those who choose to drive drunk or stoned. If the woman is found to have been impaired by drugs at the time of this car accident, she could face serious criminal consequences. Separately, the injured woman is entitled under state law to file a personal injury lawsuit against the driver, citing her negligence as a factor in the crash that injured her. 

Source: New York Post, “Terrifying video shows car smash into woman pumping gas“, Amanda Woods, Jan. 14, 2017


Car accident kills 3 in New York

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On behalf of of Kahn Gordon Timko & Rodriques P.C. posted in Car Accidents on Saturday, January 14th, 2017

Three people are dead after a vehicle believed to have been stolen crashed into a pond in Nassau County. New York police were on the scene of the car accident that claimed the lives of all three occupants of the vehicle. The accident remains under investigation, as it is possible road conditions played a role in the crash. 

Police reports indicate the vehicle was sighted by a state trooper while headed eastbound on Northern State Parkway. The officer said the license plate was tagged as belonging to a vehicle that had been stolen several days prior, so the officer followed the vehicle without activating lights or siren. He radioed for backup from nearby police stations, but it appears the occupants of the stolen vehicle may have noticed his presence. 

The vehicle left the Parkway and accelerated to high speed. It crashed through a fence on Searingtown Road before overturning into a pond. Local fire and police responded to the crash site, but one of the three occupants of the vehicle was already dead. The other two were pronounced dead some time later at a local hospital. 

It may seem unusual for the families of the passengers in this allegedly stolen vehicle to wish to pursue legal action against the driver, but it is perfectly reasonable to assume the passengers were unaware of the vehicle’s stolen status upon entering. In this case, the material responsibility for the car accident falls to the driver. New York law does allow the families of the deceased passengers to file wrongful death suits against his estate, though in this case the rightful owners of the vehicle would not be legally responsible for the car or the fate of its passengers. 

Source: CBS New York, “Three Dead After Reportedly Stolen Car Crashes Into Nassau County Pond“, Jan. 8, 2017


Fatal car accident in New York leaves 1 dead

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On behalf of of Kahn Gordon Timko & Rodriques P.C. posted in Car Accidents on Thursday, January 12th, 2017

A man is dead and his friend is facing manslaughter charges following a serious crash in the Bronx the night of Jan. 5, according to police. New York authorities arrested the driver of the vehicle involved in the car accident and charged him with impaired driving, manslaughter, leaving the scene of an accident and other crimes. Three other individuals involved in the crash are still in the hospital. 

According to the accident report, around 9:00 p.m. the sedan carrying a driver and four male passengers crossed into oncoming traffic on Boston Road, striking an oncoming minivan head-on. The force of the impact sent both vehicles careening into a third, unoccupied vehicle. The driver of the minivan managed to escape with minor injuries, but the passengers in the sedan were not so lucky. 

One man, a 21-year-old, was killed. The other passengers in the vehicle were trapped and had to be extricated by arriving medical and emergency personnel, all with serious injuries. The driver, who was believed to be legally drunk, fled the scene on foot but was later caught at the hospital and arrested. It is unknown whether he has retained counsel at this time.

If the driver is found to have been drunk and/or otherwise materially responsible for the fatal car accident that killed his friend, he will likely face jail time. The family of the deceased passenger is entitled under New York law to file a wrongful death suit against him, and the injured parties may also file personal injury suits against him. All such suits are handled in civil court. 

Source: NBC New York, “Friend Charged With Manslaughter After Fatal Bronx Crash: Police“, Rana Novini, Jan. 6, 2017


2 teens injured after New York car accident

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On behalf of of Kahn Gordon Timko & Rodriques P.C. posted in Car Accidents on Friday, January 6th, 2017

A serious crash on New Year’s Day in Buffalo nearly claimed two lives, according to police. New York State authorities responded to the car accident that saw two teenagers struck by a driver believed to have been drunk at the time of the crash. The students were on foot at the time, and have not been identified publicly by police. 

According to the accident report released by police, the two teens were walking around 1:00 a.m. when a 31-year-old man reportedly struck a car and a pole. The force of the impact sent his car careening into the two teens, who both sustained injuries. The extent of their injuries is currently unknown, but it is hoped they will recover. 

The driver now faces charges of DWI, vehicular assault and other charges pertaining to the crash. As of this report, he is in police custody being held against $2,500 bail. No court date has been announced for him at this time. 

A car accident predicated by drunk driving is often regarded as even more tragic for its preventable nature. New York State takes a hard line against drunk driving and, if found guilty, the man will likely face serious jail time and, possibly, the loss of his license. Separately, the families of the injured teens are entitled under state law to file personal injury suits against him as well. Police evidence proving the man’s reckless behavior can be used to support suits of this type in civil court. The suits do not rely upon a criminal conviction, or even charges to be filed, in order to succeed. 

Source: wgrz.com, “Teens seriously injured in DWI accident“, Claudine Ewing, Jan. 2, 2017


Man 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 Wednesday, January 4th, 2017

A man riding in a livery cab is tragically dead following an accident involving another car in Brooklyn, according to police. New York authorities have identified the victim of the car accident as a 56-year-old man. He was killed around 3:15 a.m. the morning of Jan. 1. They have said they do not intend to file charges against either driver involved. 

The accident report that has been released says the cab the man was riding in rolled down Avenue P and collided with a vehicle headed the other way. The cab then smashed into several parked cars. Shockingly, the driver of the cab was not injured, nor was the driver of the other vehicle. The passenger, however, was rushed to a local hospital where he was pronounced dead some time later.

Police have not explained how the accident occurred or why the cab was rolling down the street. Witnesses claimed the corner was the site of many car accidents due to speeding, but it is unclear if that played a role in this crash. Police say they are continuing their investigation at this time. 

Even if New York authorities do not choose to file criminal charges against either driver involved in this car accident, the fact remains a man who had no driving responsibility in either vehicle is dead. New York law allows his family to sue one or both of the other drivers for wrongful death, though they may choose to focus their efforts on a single driver. This will depend on the evidence produced by police in their ongoing investigation. 

Source: New York Daily News, “Passenger killed in livery cab crash in Brooklyn“, Ross Keith, Thomas Tracy, Jan. 1, 2017