A 77-year-old woman was killed crossing the street when a van driver failed to yield the right of way. The fatal pedestrian accident occurred at East 21st Street and Gravesend Neck Road in Sheepshead Bay in Brooklyn. Officials say she was crossing the road when a 2005 Ford Econoline delivery van turned left and struck her. She was rushed to Coney Island Hospital but, died from her injuries. The 23-year-old Midwood driver behind the wheel of the van has been charged with failure to yield and failure to exercise due care.
Drivers in New York are required by law to yield to pedestrians who are legally crossing the road at intersections whether or not there’s a marked crosswalk. New York law requires motorists to take great care to avoid hitting pedestrians even when they attempt to cross at a dangerous location.
Drivers who fail to yield to pedestrians can face citations or even criminal charges under certain circumstances. A citation or even a criminal conviction for a crime will not automatically result in compensation for the injured victim or the victim’s family.
A wrongful death claim is a civil lawsuit that plaintiffs in such cases can file if their loved one has been killed due to the negligence or wrongdoing of another.
To have a successful wrongful death claim in a pedestrian accident case, plaintiffs must prove that the driver was negligent in some way and that negligence contributed to the accident. Families can seek support for funeral expenses, lost future wages, medical costs, and other damages. An experienced New York City wrongful death lawyer will be able to help victims’ families seek compensation and hold the negligent parties accountable.
Wingate, Russotti, Shapiro & Halperin, LLP can help. Contact us at (212) 986- 7353.