Personal injury, wrongful death claims may follow hit-and-run

It is not uncommon for New York motorists who are distracted or otherwise negligent to strike pedestrians who are crossing the road. Drivers are expected to keep a lookout for pedestrians, and those who have suffered personal injury in an accident caused by a negligent driver may find that the law is on their side. However, appropriate evidence of negligence will have to be provided when filing a civil claim.

One teenager was killed and another was critically injured in a recent pedestrian accident that occurred in the Bronx. Police are still investigating the accident, but preliminary reports indicate that two teenagers, a 16-year-old boy and a 15-year-old girl, were struck by a northbound car while they were crossing Baychester Avenue. Both teenagers were critically injured, but the boy was struck by a second vehicle that was southbound. They were both rushed to a local medical facility where the boy was declared dead.

According to police reports, neither of the drivers stopped at the accident scene. However, the 26-year-old driver of the vehicle that first struck the children subsequently returned to the accident scene. He was arrested and is now facing charges related to a hit-and-run accident, along with a reckless driving charge. The accident investigation may determine which driver was ultimately responsible for the boy’s death. Regardless, the boy’s family may name both drivers as defendants in any wrongful death claim, and the injured girl retains the same right in filing a personal injury claim.

Victims of car accidents, or the surviving family of a fatal victim, are entitled to pursue legal claims for damages incurred. The success of a wrongful death or personal injury claim filed in a New York civil court will depend on evidence of negligence, along with proper documentation of financial losses sustained. A successful claim may result in the entry of a monetary judgment for medical or end-of-life expenses, along with other designated financial damages.

Source: CBS New York, “Police: 16-Year-Old Bronx Boy Fatally Struck By 2 Cars, 2nd Teen Injured“, Jan. 5, 2015