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New York car accident leaves woman dead, driver charged

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On behalf of of Kahn Gordon Timko & Rodriques P.C. posted in Car Accidents on Tuesday, May 26th, 2015

A single-car crash has left one woman dead on Harlem River Drive, and the driver behind the wheel has been charged with DUI. The car accident happened in the early hours of May 24 and is still being investigated by New York police. The driver is in custody after the crash caused hours of delays in the northbound and southbound lanes. 

According to witnesses, the driver was attempting to exit onto the Robert F. Kennedy Bridge when she lost control of the vehicle around 5:40 a.m. The car subsequently struck a tree in the median, catching fire in the process. The driver and two passengers were stuck in the car as a result of the crash. 

Police and emergency services responded shortly thereafter. One passenger, a 24-year-old woman, was taken to a local hospital and was pronounced dead on arrival. The condition of the second passenger is unknown at this time. The driver, another 24-year-old woman, was summarily arrested by New York police and charged with DUI and unlicensed vehicle operation. So far, no court date has been publicly announced by authorities in connection with this case. 

A New York car accident attributed to DUI is a profound tragedy, both for the fact that it was preventable and for the fatality involved. If found guilty of the criminal charges, the driver may face years in jail as a result. Separately, the family of the deceased passenger, as well as any other injured parties, will be entitled to file suit against the driver in a civil capacity. Evidence of drunk driving in this case would likely help to establish financial liability in court. 

Source: CBS New York, “Driver Charged After Woman Killed In Fiery Single-Car Crash On Harlem River Drive“, May 24, 2015

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Man dead following New York car accident

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On behalf of of Kahn Gordon Timko & Rodriques P.C. posted in Car Accidents on Friday, May 22nd, 2015

A West Orange man is dead after a fatal crash on Interstate 81, according to local sources. The car accident is being attributed to drunk driving on the part of the other driver involved, as New York police have reported. The accident is still under investigation, but the woman has been arrested and charged with several infractions as of this writing. 

Police say the man, a 58-year-old, was traveling southbound on I-81 in the early morning of May 8 when the accident occurred. A woman police believe was drunk at the wheel was traveling north in the southbound lanes when her vehicle struck his head-on. The force of the impact caused her to suffer minor injuries, for which she was treated at a local hospital. 

However, the other driver did not fare so well — he was pronounced dead at the scene by arriving medical teams. The woman involved has now been charged with DUI, vehicular manslaughter and aggravated unlicensed operation. She is currently in custody with bail set at $500,000. No court date has yet been announced in connection with this case. 

If the woman is found guilty of drunk driving and the other charges filed against her, she could lose her license permanently and possibly face jail time for her role in the fatal car accident. Separately, New York law will permit the family of the deceased man to sue the woman for wrongful death in a civil court setting, possibly using the evidence from the criminal case to support their claim. While a guilty verdict is not necessary for the civil case to succeed, it would certainly go a long way toward ensuring that financial liability is established. 

Source: West Orange NY Patch, “West Orange Man Killed in Fatal Central New York Car Crash“, Nicholas Cardoso, May 11, 2015

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Man killed in New York taxi car accident

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On behalf of of Kahn Gordon Timko & Rodriques P.C. posted in Car Accidents on Wednesday, May 6th, 2015

A man is dead following a crash in Brooklyn involving a taxi, according to local sources. New York sources reported the Daily News deliveryman was killed in a car accident when his truck got broadsided by a taxi. Police are still in the process of investigating the accident, which happened early on the morning of April 26. 

Police reports indicate the 24-year-old man was negotiating a turn when a taxi driven by a 26-year-old man drove through the intersection against the light. The taxi struck the truck with enough force to knock it on its side. The driver of the truck was unconscious when paramedics arrived and was rushed to a local hospital. He was later pronounced dead. 

A 58-year-old passenger in the truck was also injured in the crash and was also taken to a local hospital. He is listed as being in stable condition as of this report. The driver of the taxi apparently stayed at the scene until emergency services arrived, though it is unclear whether he was injured in the crash. So far, police have not filed charges, but the dash cam of a nearby car recorded the incident, which will likely be used as evidence in any legal proceedings that may occur. 

If the taxi driver is found to have violated New York traffic laws at the time of the car accident, as the footage from the dash cam seems to suggest, he could face criminal charges in the death of the other driver. Moreover, the family of that driver may wish to pursue a civil lawsuit against the taxi driver and his employer. If criminal charges result and a conviction is secured, proof of that may be offered to establish financial liability in a wrongful death claim in civil court. The injured truck passenger maintains a separate right to file a personal injury claim based upon similar allegations of negligence.

Source: New York Post, “Newspaper deliveryman killed in crash with taxi“, Kathleen Culliton, April 26, 2015

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1 child dead in tragic New York car accident

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On behalf of of Kahn Gordon Timko & Rodriques P.C. posted in Car Accidents on Saturday, May 2nd, 2015

A man is facing nearly 24 charges in association with a fatal accident in Virgil, according to local sources. The man has been arrested by New York authorities and is now facing charges, including drunk driving and child endangerment following a car accident that claimed the life of a child and injured several others. Additional charges may be pending as the investigation is still underway. 

Police have confirmed the man was traveling east on a local roadway around 8:45 p.m. when the crash took place. He was allegedly speeding at the time and lost control of his vehicle, which hit a utility pole before coming to rest on the side of the road. A total of five passengers occupied the vehicle at the time of the crash, including three children between the ages of 6 and 10. Apparently, none of the children were wearing seat belts.

All three children were taken to local hospitals with serious injuries, and one was later pronounced dead. One of the two adult passengers was also injured, while the other declined treatment. In addition to the DUI charges, the man is facing aggravated vehicular homicide charges, which could see him facing serious jail time if convicted on those charges alone. 

In addition to the criminal charges arrayed against him, the man could also be facing wrongful death and personal injury lawsuits pertaining to the car accident. New York law allows the family of the deceased child as well as any injured parties to file civil suits against the driver believed responsible for the crash. If it is proven he was drunk at the time of the accident, that would typically go a long ways toward establishing financial liability in civil court. 

Source: syracuse.com, “Drunk driver crashes, kills child passenger in Cortland County, deputies say“, Jacob Pucci, April 25, 2015

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Man charged with vehicular homicide 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, February 25th, 2015

A man accused of killing a woman in a New Year’s Day crash has been charged with vehicular manslaughter, according to local news sources. The man was involved in a car accident that killed the passenger in a taxi cab in downtown New York. He will likely not be going to trial for a year or more. In the meantime, his bail has been set at $40,000. 

Prosecutors says the accident was caused by the driver’s intoxication. The man reportedly had a blood alcohol level of roughly .14, well beyond the legal limit in New York. Investigators apparently also found traces of marijuana and ketamine in his system. He was also speeding at the time of the crash, clocking speeds of roughly 107 mph.

The crash decimated both cars, but miraculously, both the cab driver and the accused man walked away with only minor injuries. The 27-year-old female passenger in the cab was not so lucky, as she was killed on impact. The driver now faces two charges of second-degree manslaughter as well as DUI and criminal negligence charges. 

Regardless of the outcome of the criminal trial, New York law will allow the family of the deceased victim to file a wrongful death suit against this driver and the taxi cab company. Given he has been charged in connection with the car accident, the evidence prosecutors use to prove the charge may also be available to use in any related civil suit. A guilty verdict is not required for the civil charge to succeed in court, though a conviction would go a long ways toward establishing financial liability in a wrongful death claim.

Source: New York Daily News, “Driver in deadly high-speed New Year’s Day crash in the Bronx was drunk, high: prosecutor“, Ben Kochman, Feb. 23, 2015

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Fatal car accident in New York kills Queens pedestrian

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On behalf of of Kahn Gordon Timko & Rodriques P.C. posted in Car Accidents on Thursday, November 13th, 2014

A bizarre crash in Queens killed one person and injured several more, according to local police. The car accident happened at an intersection in the New York borough around 8:30 p.m. on Nov. 8. The 20-year-old driver believed responsible for the crash was taken into police custody pending charges. 

The report states that the vehicle mounted the curb at the intersection, striking three people in the process. It is unclear whether this was done intentionally by the driver, but police have mentioned that an earlier disagreement may have played a role in the accident. One man, a 20-year-old, was pinned under the car and was declared dead when medical personnel arrived on the scene.

Two other victims, a 21-year-old girl and a 19-year-old girl, were both injured in the crash and were taken to a local hospital. Both were listed as being in critical condition. The driver responsible apparently fled the scene on foot, but was quickly caught by police and arrested. The nature of the expected charges has not been made public. 

Based on the evidence presented in the report, it seems likely that the driver will face considerable criminal charges regarding this car accident. Additionally, New York state law dictates that the two injured parties and the family of the deceased victim will be entitled to file civil suits against him. Personal injury and wrongful death suits typically make use of the evidence garnered from the criminal investigation in their attempt to establish liability that can lead to financial remuneration for the victims, including the surviving family of the deceased man. 

Source: pix11.com, “Car strikes multiple pedestrians in Queens, killing 1“, Alyssa Zauderer, Nov. 8, 2014

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Firework injuries persist well past July 4th weekend

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On behalf of of Kahn Gordon Timko & Rodriques P.C. posted in Personal Injury on Wednesday, July 16th, 2014

Even though July 4th is a couple of weeks in the past, there are still fireworks going off all around the country on a pretty frequent basis. This happens every year: people get rid of their excess fireworks in the weeks that follow July 4th. But just because the holiday is over doesn’t mean that fireworks become less dangerous. They are still powerful explosives that, when in the wrong hands, can lead to serious, catastrophic or even fatal injuries.

Now, it’s a little odd to write this for New York readers, simply because the state bans the possession of fireworks, as does New Jersey. But every year, New Yorkers cross the Pennsylvania border to acquire fireworks. And every year, there are reports of average citizens suffering injuries due to fireworks that shouldn’t be possessed.

There are obvious legal implications here. When you purchase fireworks and then possess them illegally in the state of New York, you make yourself liable for any harm or damage that may come as a result of those fireworks going off. If you set them off in your neighborhood and someone is hurt, or a house is damaged, or even if they go off accidentally, you could be held liable by the affected parties in civil court.

Another unfortunate effect of July 4th is the number of fireworks shows that go wrong. Even professionals can make mistakes sometimes, and when fireworks are involved, there can be a lot of liability that needs to be addressed in civil court.

Source: TWC News, “Authorities Say Leave the Fireworks to the Professionals,” July 4, 2014