A New York mother was killed and her 9-year-old daughter was injured following a car accident on July 17. The accident occurred around 5 p.m.According to police, a 58-year-old man was driving a BMW X5 westbound on 115th Avenue in South Ozone Park when he ran a stop sign and hit a Toyota Corolla traveling northbound. A 40-year-old woman was ejected from the Corolla and died at the scene. The man hit three more cars and then left the scene. The woman's daughter was hospitalized in critical condition.The man was later found and taken into custody. He faces charges of aggravated unlicensed operation, assault, criminally negligent homicide, manslaughter, leaving the scene of an accident causing injury and leaving the scene of an accident causing death.In a case where a driver's [...]

You may already be familiar with the cause of action of wrongful death, which can arise whenever a loved one of yours dies as the result of a negligent, reckless or intentional act of another person. But are you aware that there is another potential cause of action that can take place in connection with the death of the same loved one? In New York, this additional potential legal claim is known as a survival action.""The basis of a survival action is that what survives" is any cause of action for personal injury that a plaintiff may haveSome unique characteristics of a survival action in New York include:Wrongful death and survival actions can both originate from the death of the same individual. For anyone seeking to determine whether either or [...]

The sudden and unexpected loss of a loved one in a fatal car crash can have a devastating effect on the victim's family. New York provides a method by which family members may receive compensation, but the law does not give them the right to file the claim. Instead, the personal representative of the deceased victim's estate, be it an executor or administrator, must bring the lawsuit on behalf of the survivors.Not permitting the family members of the victim of a fatal accident to file a wrongful death cause of action is just one of the ways in which New York differs from other states. Some states allow family members to receive compensation for their pain and suffering associated with the loss of a loved one, but New York does [...]

The death of race car driver Kevin Ward in an incident that took place at New York's Canandaigua Motorsports Park has led to a wrongful death lawsuit by his surviving family members against fellow driver Tony Stewart. The events leading to the death were widely televised, showing Ward exiting his vehicle after an accident and walking onto the race track to confront Stewart, who hit him with his vehicle, causing fatal injuries to Ward.A grand jury declined to indict Stewart in connection with the incident, but in a civil wrongful death action the standard of proof is preponderance of the evidence" which is not as stringent as a criminal "beyond a reasonable doubt" standard."Issues that may come into play in an action of this nature include possible negligence (Could Stewart [...]

A 27-year-old golf instructor at the Plainfield Country Club died Saturday night in New York City around 7:45 p.m. Police reported that he was hit by a Mercedes SUV after entering the intersection of East 62nd Street and Lexington Avenue on foot. Also in his company was a 30-year-old woman.The accident resulted in the pair becoming lodged beneath the vehicle. After they were transported to an area hospital, the death of the man was made official. The hospital indicated that the injured woman was in stable condition. The 45-year-old male driver of the Mercedes received a ticket for operating a vehicle without a license. The police investigation of the accident continues.The deceased man had been hired only a year earlier as the director of instruction at the country club. His [...]

The New York Police Department confirmed that a driver received criminal charges after a fatal hit-and-run accident that occurred on Nov. 20. The accident resulted in the death of a teenager from the Kensington neighborhood of Brooklyn. The driver, who is also a Kensington resident, was charged for felony leaving the scene of an accident causing serious injury.The fatal car accident happened at approximately 5 p.m. while the victim was attempting to walk across East 7th Street near Caton Avenue. When a 78-year-old woman turned left onto East 7th Street, she struck the teenage pedestrian with her Chevy Impala. The woman then reportedly left the scene of the accident in her vehicle without stopping.After the accident, the victim was quickly transported to Maimonides Hospital where officials pronounced him dead. Police [...]

New York car owners may be interested that Toyota recalled 247,000 vehicles with Takata airbags on Oct. 20. The airbags may explode sending metal shrapnel into the vehicle. The recalls in the U.S. started in June. Florida and Puerto Rico were the first regional areas involved.Almost five million vehicles made by Toyota, Honda Motor Group, Fiat-Chrysler and others are affected with a potential for 25 million more. The problem, according to authorities, involves chemicals used to inflate the airbags. Two lawsuits have been filed recently. Both car accidents occurred in Florida, and the lawsuits allege injury to the drivers from shrapnel. The National Highway Traffic Safety Administration maintains the problem to date has been seen in high humidity areas such as Florida. It may also affect individuals who winter in [...]

A pedestrian was killed after being struck by two vehicles in the Bronx on Sept. 28. The accident occurred around 1 a.m. when the man attempted to cross Pelham Parkway at White Plains Road.According to police, the 26-year-old victim was crossing Pelham Parkway when a westbound livery cab hit him. The driver pulled over and called 911. Moments later, a second car, also believed to be a livery cab, hit the man as he was lying on the roadway. The second driver drove away without stopping. The Baychester victim was transported to St. Barnabas Hospital where he was later pronounced dead.The 50-year-old cab driver who stayed at the scene was not arrested or issued any traffic citations, according to a representative of the NYPD. The driver of the second car [...]

Authorities are still investigating a crash that claimed the life of a 20-year-old female college student. The New York student was majoring in political science and was a member of the sorority, Kappa Delta. In response to the fatal car accident, the university is offering counseling services to those in the community.The accident took place on a recent Friday afternoon. According to reports, the student was attempting the cross the street and was walking behind another person when she was struck. Upon an initial investigation, authorities determined that the driver had swerved in an attempt to steer away from hitting the other individual, but ended up striking the student. Sadly, the student was pronounced dead, and her organs are being donated.At this time, authorities have not charged the driver. The [...]

A woman was killed in a recent accident that happened in Brooklyn. She was a passenger in an apparent drunk driving accident that, according to the police, had more than one intoxicated driver. New York authorities have charged two motorists in this matter.The accident happened on a recent Sunday morning, and according to reports, a 32-year-old woman was a rear seat occupant in a Nissan sedan that was traveling in the eastbound direction. The driver apparently tried to turn left at an intersection, but her vehicle collided with a Chevy Camaro. The impact ripped apart the back of the Nissan, and the off the roadway and into some parked cars. Authorities do not know if the woman was ejected from the vehicle or if she suffered head trauma within the [...]