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Police say drunk driver caused fatal New York car accident

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On behalf of of Kahn Gordon Timko & Rodriques P.C. posted in Car Accidents on Monday, March 13th, 2017

Head-on collisions are typically some of the more dangerous types of accidents. There are various factors that cause an individual to veer into oncoming traffic, such as drunk or distracted driving. No matter the cause, the result of a similar car accident can be catastrophic. An individual in New York is facing DUI charges after a recent accident that killed a young man.

According to police, a 32-year-old man was driving westbound when he suddenly crossed into the wrong lane and hit a car. The man was taken to the hospital for treatment of injuries that are not considered a threat to his life. The driver of the other car died at the scene. Police have advised that the man was intoxicated at the time of the accident.

He was taken into custody shortly after being released from the hospital. He is now facing multiple charges in relation to the event, including vehicular manslaughter and DUI. An individual who chooses to drive under the influence of alcohol can cause an accident over which the victim has absolutely no control. Many individuals have been seriously injured and/or killed in similar accidents over the years.

When a person is killed in a car accident under similar circumstances, his or her family may choose to seek restitution for losses through a wrongful death claim against the party deemed at fault. Since navigating this process alone can be challenging, many seek legal counsel for assistance. When facing such a loss, families in New York often speak with an experienced attorney for advice on how to pursue a claim through the civil justice system.

Source: hudsonvalleypost.com, “Police: Drunk Hudson Valley Man Charged For Fatal Head-On Crash“, Bobby Welber, March 6, 2017


Man dies in car accident involving DUI driver in New York

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On behalf of of Kahn Gordon Timko & Rodriques P.C. posted in Car Accidents on Thursday, March 9th, 2017

Operating under the impairment of drugs and/or alcohol inhibits a person’s ability to drive safely. This increases the chance for a dangerous car accident to occur, and has lead to the serious injury or death of many victims over the years. A man in New York has died after a recent accident that took place under similar circumstances.

The victim was the passenger in a car that was being driven by a man who was reportedly under the influence of marijuana and alcohol. According to police, the driver was speeding when he suddenly collided with another vehicle. The car then hit a guard rail and the victim was ejected from within and was pronounced dead at the scene. The driver of the car is facing vehicular manslaughter and DUI charges in relation to the accident.

Passengers often have little or no control over the actions of a driver when out on the road, especially if he or she is under the influence at the time. Drivers in this condition are unable to properly operate a vehicle, and typically put the health of everyone involved in jeopardy. Losing a loved one in a similar circumstance can be difficult to overcome, and creates many hardships for a family.

End-of-life expenses can be significant, and often cause a family to experience periods of financial struggle. If a driver is found to have been negligent in a car accident that claimed the life of another, surviving family members may choose to file a wrongful death claim against the party deemed wrongful. When facing a similar situation, many families in New York retain the services of an experienced attorney for assistance in navigating the process.

Source: NBC New York, “2 Men Arrested in Long Island Expressway Crash That Killed 1: Police“, Feb. 26, 2017


Woman ejected from vehicle 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, March 7th, 2017

There are a vast number of ways in which an automobile accident can occur. Disregarding traffic signs and/or traveling at a high rate of speed are just a couple of examples of times when a driver can put the health of everyone nearby at risk. Many people who are victims of a similar car accident suffer serious injuries as a result. In a recent collision in New York, a woman was critically injured after being ejected from her car.

The woman was in the southbound lane attempting to make a left turn when a northbound car struck her vehicle. She was ejected from the car and was airlifted to the hospital shortly after. According to police, she remains in critical condition. The other driver remained at the scene of the accident before also being taken to a hospital, but he did not suffer any life-threatening injuries.

While police have yet to file any criminal charges, an investigation into the accident is likely pending. Factors such as speed and other actions that can lead to a collision are often documented in this process. If the other driver is found to be at fault in the collision, he may be held accountable.

Suffering serious injuries in a car accident often causes a person to experience periods of significant financial hardships. Victims who are injured by the actions of a negligent driver may seek restitution through a personal injury claim. Since this can be complex, victims who are facing a similar situation in New York often speak with an experienced attorney for assistance in navigating the process.

Source: Lindenhurst, NY Patch, “Woman Critically Injured in Suffolk County Crash“, Ryan Bonner, March 4, 2017


Man injured, woman 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 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


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