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February 2017

Man injured, woman dies in New York car accident

By | Car Accidents | No Comments

On behalf of of Kahn Gordon Timko & Rodriques P.C. posted in Car Accidents on Monday, February 27th, 2017

Many collisions across the country come at the hands of a negligent driver. Cases of drunken or distracted driving have become a common occurrence, often leading to serious injury, or worse. Driving under similar circumstances increases the potential for a dangerous car accident to occur. A man is seriously injured and a woman is dead after a recent accident in New York.

The collision happened late at night when a man driving a sedan crossed into the wrong lane of traffic and hit an SUV. The female driver of the SUV sustained multiple injuries and was rushed to the hospital, but she unfortunately died shortly after. The male driver was also taken to the hospital after being removed from his vehicle and is reportedly in critical condition.

Police have initiated an investigation into the crash, likely to determine why the man crossed into oncoming traffic. So far, there has been no indication of driving under the influence. If his condition causes him to currently be unable to answer questions, it may take a while to determine if distracted or tired driving played any part in the collision. If the investigation determines him to be at fault in the accident, he may be held accountable.

A car accident of this nature can often have disastrous results. End-of-life expenses can be extensive, often causing surviving family members to experience periods of significant financial burden. When facing similar circumstances, many choose to seek restitution through a claim against the negligent party. Since this can be complex, families in New York often speak with an experienced attorney for assistance in navigating the process.

Source: Hicksville, NY Patch, “1 Killed, 1 Seriously Hurt in 2-Car Crash in Westbury“, Paige McAtee, Feb. 21, 2017


Head-on motor vehicle accidents cause serious injury in New York

By | Personal Injury | No Comments

On behalf of of Kahn Gordon Timko & Rodriques P.C. posted in Personal Injury on Wednesday, February 22nd, 2017

Whenever a driver crosses into oncoming traffic, the result can be catastrophic. Regardless of speed, motor vehicle accidents of this nature can cause serious injury and, in some cases, death. It can be difficult to react quickly enough to avoid a head-on collision, causing many victims to suffer as a result. A recent accident seriously injured one and claimed the life of another in New York.

According to police, a male driver was traveling northbound when he suddenly veered into oncoming traffic, causing a head-on collision with a southbound female driver. He was rushed to the hospital but died shortly after. The female driver’s car was badly damaged, causing her to be trapped inside until fire officials could cut her out. She was then taken to the hospital and was last listed in critical condition.

Police are continuing to investigate the crash to determine the cause. There has been no indication of drunken or distracted driving so far. Traveling in the wrong lane under any circumstances can be extremely dangerous and often leaves other drivers with little to no control over the situation.

Victims who suffer serious injury in similar motor vehicle accidents are often left with extensive medical expenses. If the accident is cause by the negligence of another driver, victims may seek financial restitution through a claim against the wrongful party. In the event that the negligent party is deceased, a claim can be made against his or her estate. When facing a similar situation, people in New York often speak with an experienced attorney for advice on how to file a personal injury claim.

Source: syracuse.com, “Man dies after head-on Salina crash; woman still in critical condition“, Samantha House, Feb. 18, 2017


Wet conditions play a part in motor vehicle accidents in New York

By | Personal Injury | No Comments

On behalf of of Kahn Gordon Timko & Rodriques P.C. posted in Personal Injury on Monday, February 20th, 2017

Winter weather can create hazardous situations on the road. Despite warnings, poor conditions often play a part in motor vehicle accidents. Drivers may take certain precautions during inclement weather, such as traveling at a lower speed, which may decrease the possibility for a collision to occur. A recent accident under similar circumstances left three people injured and one dead in New York.

Four cars were involved in the accident, which occurred on a two-lane road. Three people were injured in the process and rushed to the hospital for treatment. Another person involved in the crash died at the scene. Police advised that roads were slick at the time, and an investigation is underway to determine the cause of the crash.

Wet driving conditions contribute to many dangerous car accidents each year. Drivers who fail to make adjustments during such times can put the safety of everyone around at risk, with many of these occurrences leading to serious injury or worse. If a driver is found to be at fault in a similar situation resulting in the injury of another, he or she may be held accountable.

Suffering serious injuries in motor vehicle accidents often leads to many hardships. Victims may experience loss of income if forced to take time off of work, and any medical expenses can put them under a significant financial burden. Victims who are injured by the actions of a negligent driver may seek restitution through the civil justice system. People in New York who are facing a similar situation often speak with an experienced attorney for advice on how to proceed with a personal injury claim.

Source: syracuse.com, “1 person killed, 3 hurt in 4-car crash in Cayuga County, troopers say“, Samantha House, Feb. 15, 2017


One 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, February 16th, 2017

A two-vehicle crash has claimed one life in Lockport, according to state police. New York state troopers responded to the car accident that killed a 54-year-old woman around 11:00 a.m. the morning of Feb. 9. As police believe the woman was responsible for the accident, no charges have been filed against the other driver at this time and do not appear to be forthcoming. 

According to state police, the accident occurred on Route 93 between two vehicles, each carrying only a driver. It appears the 54-year-old woman may have crossed the center line, causing a head-on collision between the two cars. The force of the impact seriously injured the woman, who was rushed to ECMC for treatment. She was later pronounced dead of her injuries. 

The other driver’s identity and condition are unknown at this time. All that has been confirmed is that he or she survived the accident, but it seems likely that person was also taken to a local hospital for treatment or observation. Police are still in the process of investigating why the woman crossed the center line, and they will continue to investigate until acceptable answers have been uncovered. 

In a car accident where the likely responsible party is killed in the collision, no criminal charges are typically filed against that individual. However, New York state law will allow the other driver to file a personal injury suit against the woman’s estate, provided that injuries were suffered and that a case can be made for damages. In this instance, police evidence indicating the other driver crossed the center line would be beneficial to bring up in civil court. 

Source: wivb.com, “Woman dies after two-vehicle crash in Lockport“, Evan Anstey, Feb. 9, 2017


Child 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 Tuesday, February 14th, 2017

Distracted driving appears to have been the cause of a devastating crash that claimed the life of an 8-year-old boy the morning of Feb. 9. The car accident, which also injured several other people, is still being investigated by New York police. So far, they have not filed charges against the other driver, but it seems likely they will do so at a later time. 

The accident report shows that a 36-year-old man did not stop at an intersection and collided with the other vehicle, which was carrying not only the boy but his 63-year-old grandmother, his 35-year-old mother and his 9-year-old cousin. The force of the impact ejected the boy from the back seat of the car. He was pronounced dead at a nearby hospital shortly thereafter. 

The grandmother and the other driver suffered only minor injuries in the crash, but the boy’s mother and his cousin both sustained critical injuries and were rushed to local hospitals. It is unclear whether the other driver was taken into custody following the accident. For the moment, no official charges have been announced. 

Should New York police choose to file charges against the driver pertaining to his inattention that directly caused the car accident, he could face stiff criminal penalties. In addition, the family are entitled under state law to file both wrongful death and personal injury suits against him in civil court. These suits are handled separately from any criminal charges that may arise, but they can still use police evidence to prove culpability in the civil cases. 

Source: pix11.com, “New York boy, 8, dies after being ejected from car in crash“, Feb. 10, 2017


22-year-old male passenger dies in single-vehicle car accident

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

In New York and all other jurisdictions, the occurrence of a one-car accident does not rule out that there may be a claim for personal injury or death damages. If the operator of the vehicle in a single-vehicle car accident was negligent, and if there was a passenger who suffered serious personal injury or death, the operator may be liable for damages to the passenger or his/her estate. The negligence of the driver is not passed on to the passenger, and therefore the passenger will almost always be entitled to collect for damages incurred.

In a recent one-car accident, a 22-year-old man died when the vehicle he was riding in left the roadway, struck a utility pole and a house, finally coming to a rest on its roof. The victim had been ejected from the vehicle. The operator was a 21-year-old male of Saugerties, who had been traveling south when his vehicle went off the roadway and into the foregoing series of fatal gyrations, leading to the victim’s death.

The driver was treated for minor injuries and released. The decedent was apparently declared dead at the scene. There is no report of whether the driver was impaired or whether the police examined or tested him for alcohol or drugs.  

However, Saugerties Police are continuing a formal investigation, with the assistance of the New York State Police Accident Reconstruction Team, Forensic Investigation Unit. Various forensic tests will be or have been taken to determine the speed of the vehicle and the trajectory and impact of the decedent’s body. It is usually the case that a car accident under these or similar facts is the result of negligence by the operator. If that is proved to be the case, the decedent’s estate will have a wrongful death civil claim for damages against the driver. In such cases, the existence of criminal responsibility is generally irrelevant because the test in this civil action is simply a test for carelessness under the circumstances. 

Source: hudsonvalleyone.com, “Saugerties man, 22, dies in one-car crash“, Jan. 31, 2017


Car accident leaves off-duty NYPD officer dead, another injured

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On behalf of of Kahn Gordon Timko & Rodriques P.C. posted in Car Accidents on Friday, February 10th, 2017

In New York and all other jurisdictions, when a driver loses control of his or her vehicle, it is usually due to negligence. This means that the operator failed to use that degree of due care required under the circumstances. When the operator’s negligence is a material factor in causing a car accident that results in serious injury or death, then the driver will likely be liable to compensate the victim or his/her estate for damages sustained.

Those principles do not change if the operator and the victim are both off-duty New York Police Department law enforcement officers. In a recent one-car accident in Pelham Bay, police reported that the driver of Dodge Durango lost control and ran off the roadway near City Island Road and Park Drive. The driver was a 32-year-old male who was an off-duty NYPD officer.

He was badly injured and rushed to a nearby hospital with leg injuries and burns. By a strange twist of fate, he was pulled from the burning wreck by a group of individuals who were also off-duty NYPD members. They had been traveling by the accident by apparent coincidence.

The man’s passenger, who died in the accident, was a 27-year female rookie off-duty officer, also with the NYPD.  After leaving the roadway, the SUV flipped and burst into flames, while trapping the decedent inside of it. Her badly burned body was later uncovered in the rubble.

Police have not indicated whether there is a suspicion of impairment by the driver in this car accident, or even whether blood was drawn for testing. In this instance, the claim for damages may be made on behalf of the decedent by her estate, generally consisting of her next of kin. In New York, a serious claim like this one requires the experience and in-depth knowledge of a seasoned personal injury attorney.

Source: New York Post, “Off-duty rookie cop was killed in fiery crash“, Tina Moore and Linda Massarella, Feb. 2, 2017


Car accident involving bus injures 2 in New York

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On behalf of of Kahn Gordon Timko & Rodriques P.C. posted in Car Accidents on Friday, February 3rd, 2017

No citations have yet been issued in a devastating crash that destroyed a bus in Syracuse on Jan. 19. New York State Police reported the car accident on Interstate 81. Several people sustained minor injuries, while two others were more seriously hurt. Police are still investigating the crash, and accident reconstruction teams are currently attempting to determine what happened. 

According to surveillance footage recovered by police, it appears the driver of a pickup truck was attempting to exit the highway at a high rate of speed when the accident occurred. The driver swerved to avoid traffic that had slowed down on the ramp, causing his vehicle to leave the road. The truck then crossed the grass before launching into the air and smashing into the side of a bus with enough force to lodge the truck in the side of the bus. 

Several people on board the bus at the time reported minor injuries. The truck driver’s wife, who was a passenger in the truck, as well as the bus driver, sustained more serious injuries and were taken to local hospitals for treatment. The exact nature of these injuries was not reported. Police have not filed charges against the truck driver at this time. 

Even if no citations are issued by New York police, this car accident still injured several people. The bus driver is entitled under state law to file a separate personal injury suit against the truck driver in civil court. If negligence or recklessness is proved, compensation for damages may be awarded.

Source: fox13now.com, “Videos show pickup truck smashing through bus in New York“, Jan. 27, 2017


New York cab driver charged in car accident

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On behalf of of Kahn Gordon Timko & Rodriques P.C. posted in Car Accidents on Wednesday, February 1st, 2017

A pedestrian accident in Midtown has resulted in the arrest of a cab driver, police have reported. New York authorities arrested the 39-year-old cab driver after he apparently struck a woman who was crossing the street. His arrest came as a direct result of a street safety program instituted in New York to help protect pedestrians and other vulnerable people from the consequences of reckless driving, and to avoid a car accident like this one. 

The details of the accident have not been widely disseminated, but it has been confirmed that the 75-year-old pedestrian was crossing Fifth Avenue when the accident took place. The 39-year-old cabbie reportedly struck the woman around 6:30 p.m. He was arrested by police at that time. 

She was rushed to a local hospital with head trauma. It is unknown whether she is expected to survive, but given her advanced age, any injury of this type could have long-term consequences. The man has been charged with failure to yield and exercise due caution. This law is an offshoot of New York’s “Vision Zero” program meant to improve street safety. It is unknown if the man is currently in police custody or if he has been released on bail. 

A New York court will determine the criminal charges regarding this tragic car accident. However, even if he is not convicted, the woman still has legal recourse available to her. She is entitled under state law to file a personal injury lawsuit against him in a civil court. Evidence gathered by the police with respect to the formal charges may be offered in a related civil claim as proof of the cabbie’s negligence and financial responsibility for her injuries. 

Source: New York Daily News, “Cabbie arrested for hitting woman as she crossed NYC street“, Rocco Parascandola, Jan. 23, 2017