Wrongful death possible in fatal accident in New York

A woman is dead following a tragic accident involving a dump truck in Midtown on the morning of Feb. 12, according to local sources. The 48-year-old woman was apparently visiting New York when she was fatally hit by a dump truck. Police say charges are not expected against the driver involved, but that does not necessarily discount the possibility of a civil wrongful death suit.

According to the accident report, the unidentified woman was crossing the street in a crosswalk around 10 a.m. when the accident occurred. A dump truck turning onto the avenue struck the woman without the driver being aware. When the driver reached the next intersection, he became aware of the accident and contacted authorities.

The woman was pronounced dead at the scene. The driver stayed on the scene and cooperated with police, who say they are not expecting to file charges against him. It does not seem likely the woman was able to see the truck coming as her peripheral vision was impaired by the hood of her coat. The investigation into the accident continued throughout the day and is likely ongoing.

Even if New York authorities do not choose to file charges against the driver involved in the accident, this does not preclude the family of the deceased woman from taking legal action on her behalf. A wrongful death suit filed in civil court could still result in damages being awarded to the family. However, evidence of negligence on the part of the driver is still required to support such a case.

Source: New York Daily News, “Woman fatally struck by dump truck while crossing street in Midtown“, Chelsia Rose Marcius, Thomas Tracy, Feb. 12, 2016