Wrongful death possible in New York motorcycle accident

A woman is dead following a tragic accident in Queens, according to local sources. Police in New York City say the woman was thrown from a motorcycle after the driver lost control of the bike. While it is unclear whether police will charge the driver with a crime, a wrongful death suit could potentially be filed on behalf of the deceased victim. 

Police reports indicate the driver was headed westbound near Exit 17 of the Belt Parkway when the accident occurred. For reasons that have yet to be determined, the 28-year-old driver lost control of the motorcycle while navigating a curve, causing the bike to strike the center median. This catapulted both he and his passenger into the road. 

Reportedly, the woman was struck first by a car that attempted to swerve around her. That car fled the scene of the accident. A second vehicle also struck her, but that driver stayed at the scene and cooperated with police. At the moment, police have not filed charges against anyone involved, including the driver of the motorcycle. It seems likely they will be on the lookout for the driver of the first car to hit the woman, who was pronounced dead at the scene. 

Regardless of whether New York police authorities decide to file charges against the motorcyclist, the other motorist or anyone else, state law supports the right of her family to take legal action. If the gathered evidence suggests that the motorcyclist was operating his vehicle in an unsafe manner that led to the crash and the passenger’s death, a wrongful death suit could be filed against him. Using evidence from the police investigation, it may be possible for the family to achieve an award of financial remuneration for the damages sustained as a result of this tragedy.

Source: njherald.com, “Motorcycle passenger killed in Queens”, Sept. 8, 2015