Thursday, December 28, 2017

Fatal Crash Raises Distraction, Licensing Issues

A crash in a Brooklyn neighborhood famous for its over-the-top Christmas displays left an eighty-nine-year-old woman dead last week. It also raised new concerns about the reliability of the vetting done by car services: The victim was a passenger in a hired car, and after the crash, it was discovered that the driver of the vehicle was operating on a suspended license.

Slammed at Intersection

The collision took place in the middle of the afternoon on December 17 in Dyker Heights. A passenger car slammed into another vehicle at the intersection of 81st Street and 11th Avenue; the struck car then crashed into another vehicle parked nearby.

The driver of the struck vehicle and both of her passengers, the victim and a second woman, were injured and taken to a nearby hospital. The driver and second passenger were not seriously hurt, but the elderly victim succumbed to her injuries.

According to reports, the driver who caused the crash told police that she first came to a complete stop but didn’t see the other vehicle until she was already accelerating into it.

Still Investigating

It was initially reported that the victim was in an Uber ride-hailing vehicle, but this was later clarified. The car was being used as a taxi-like service, but it was not an Uber. However, shortly after the crash, NYPD arrested the driver of the struck vehicle for operating on a suspended license.

Depending on the circumstances, that charge can lead to a fine and possible jail time. The driver who caused the crash has not been charged with any violation, but the crash was still being investigated.

Distraction an Issue?

The crash was publicized as happening in a section of the city renowned for its “Dyker Lights” holiday displays, which the local civic association says attracted around 100,000 visitors last year. However, there has been no indication that the lights were a factor in the crash (or how visible they even are from two blocks away).

At this time of year, public safety watchdogs often issue warnings about the fire danger that dry Christmas trees and poorly maintained Christmas lights can pose, and we also occasionally see reports of parking problems, as well as neighborhood disputes over displays that go too far.

Vehicles have crashed into displays before, and there was an incident last month of a pedestrian killed near a large display. But we haven’t heard of injuries or deaths related to distracted drivers at light displays—so far.

Brooklyn Car Accident Lawyer

Car crashes happen for all kinds of reasons: speeding, distractions, and drunk driving to name just a few. When you or someone close to you has been the victim of an accident, Greenstein & Milbauer, LLP can help, regardless of the circumstances.

Give our team of experienced motor vehicle accident attorneys a call today to schedule a free, no-obligation consultation to discuss your case. Call us at 1-800-VICTIM2 (842-8462) or complete the form below now for more information.

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Tuesday, December 12, 2017

Parking Argument Flares into Stabbing, Car Rammed into Crowd

For the second time in less than a month, a parking-related incident might have been behind a New York City motor vehicle fatality. This time, a twenty-three-year-old Queens man has died after coming to the aid of two men who were stabbed in a fight.

The victim was among at least six people who were hit by a car that was reportedly driven onto the sidewalk after the stabbing. In a sad turn, the deceased man was a close friend of the driver.

Multiple Victims Hospitalized

NYPD officials said the incident began as a parking dispute outside a hookah bar in Richmond Hill. Around 4:30 on the morning of December 3, three men reportedly got into an argument at or near the corner of 129th Street and Liberty Avenue.

The fight might have been sparked by a bump as one driver was parallel parking. But things got out of hand quickly, with one man leaving his car and stabbing two others. It’s not clear whether those injuries were life-threatening.

That was not the end of it. Others on the scene chased the man who had allegedly done the stabbing, who hopped back into his car and drove off. He didn’t go far, but instead turned around and drove onto the sidewalk at full speed, apparently aiming for the men he’d stabbed.

He crashed into a crowd, killing one bystander and causing severe injuries, including a broken leg, a broken pelvis, and a head injury, to others. One victim was reportedly in critical condition.

Aggression Caught on Video

The toll from this reckless and aggressive behavior could have been even worse: Video from the scene (which did not capture the crash) shows the car speeding down the sidewalk, followed by a second vehicle—reported to be witnesses pursuing the first driver.

His Own Friend

It’s come to light that the driver was friends with the victim and they had driven there together. He claims that he does not remember what happened that night because he had been drinking heavily. He’s been held without bail on serious charges, including murder, assault, and reckless endangerment.

Pedestrians Unwitting Targets

Accidents involving pedestrians are an unfortunate fact of life in New York City. In 2016, a total of 148 pedestrians were killed by motor vehicles.

This year has seen a number of headline-grabbing incidents, including a May crash into a crowd in Times Square that killed one and injured twenty-two and a deliberate ramming attack near the World Trade Center in October that left eight dead and twelve injured.

NYC Car Accident Lawyer

When you’ve been the victim of any kind of crash involving a motor vehicle, whether you were another driver, a passenger, or a pedestrian, you may want to speak with an experienced car accident attorney for help with your case.

Call Greenstein & Milbauer, LLP today to schedule a free, no-obligation consultation to discuss your unique case. You can reach us by calling 1-800-VICTIM2 (842-8462) or filling out the form below.

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Friday, December 1, 2017

Dump Truck Runs Over Manhattan Cyclist

A woman was run over by a dump truck while bicycling on a Lower East Side street earlier this month. According to reports of the November 15 accident, the truck crushed both legs of the victim, a fifty-year-old nurse.

She may have been pinned under the wheels for a time, and the injuries are so severe that she might lose a leg. She was fortunate in one respect, as a medical student witnessed the crash and was able to administer first aid immediately.

Driver Previously Suspended

The driver remained at the scene after the crash at Stanton Street and Ridge Street and was arrested when he was found to have been operating with a suspended license.

Driving with an invalid license—which broadly covers expired, suspended, revoked, and no license at all—is a serious problem. A few years back it was estimated that more than one in six fatal crashes were caused by invalid drivers. An analysis by AAA also found that in late-night crashes, drunk driving crashes, and hit-and-run crashes the chance of an invalid driver causing the crash was increased.

But these studies couldn’t get a handle on how many drivers are out there with invalid licenses. It’s difficult to pin down the total, but rough numbers suggest that at least one in eight drivers nationally is driving on a suspended, revoked, or expired license—or never earned a license to begin with.

Cyclist at Fault . . . Does It Matter?

News reports of the Stanton Street crash have noted that the cyclist may have been traveling in the wrong direction on a one-way street. Does that make any difference?

In some places it might. It depends on whether a state’s legal system uses contributory negligence or comparative negligence to determine fault.

A handful of states still use the legal doctrine of pure contributory negligence, which blocks an injured party from receiving any compensation if they were in any way responsible for the damage, even if their responsibility was tiny. For example, if you stepped off the curb into a crosswalk without looking both ways, even though you had the walk signal, and were then hit by a speeding driver who ran a red light while fleeing the scene of a crime, it’s possible (although not likely) that a court would find that you contributed to your injury by not checking the street.

States with less archaic legal codes allow victims to make a claim for damages even when they’re partially to blame. Using comparative negligence, most states allow victims to make claims as long as they’re judged to be 50 percent or less responsible, although the damage amount will be adjusted based on the assignment of blame.

New York (with eleven others) is a pure comparative negligence state. Here, an injured person can recover some fraction of the damage even if they were more responsible for it than anyone else. In theory, even if the victim is 99 percent responsible, a victim can still collect one percent of the damage amount from other parties.

New York Truck Accident Lawyer

Whether you’ve been the victim of a truck accident, a car accident, or a bus accident; whether you were another driver, a bicyclist, or a pedestrian; Greenstein & Milbauer, LLP understands all forms of motor vehicle accident law and we can help.

Our attorneys have years of experience helping the victims of truck accidents and other crashes, and we’re ready to schedule a free consultation to discuss your case. Give us a call today at 1-800-VICTIM2 (842-8462) or contact us online through the form below to learn more.

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