Pedestrian accidents and car accidents in New York City are not uncommon and can be devastating and tragic when they occur. Crosswalks and traffic laws exist to reduce the incidence of these types of accidents. But any motor vehicle accident attorney in New York knows that despite these safety precautions, accidents happen anyway.
Recently, a New York City cab driver was killed by a speeding SUV in Manhattan. The cab driver was standing outside his parked vehicle at about 2 a.m., when the SUV crashed into the cab from behind. The impact caused the cab to hit the driver, who flew into the air and landed near a parked van. The cab driver died at the scene of the accident. Authorities have not made any statement as to whether alcohol was a factor in the accident.
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Car accident liability is governed by the law of negligence, which requires that drivers must use reasonable care under the circumstances while operating a vehicle. If the driver failures to meet that standard of care, and that failure is the cause of injury to another, the driver could be liable. Actions such as speeding, disobeying traffic signals or driving under the influence of drugs or alcohol can constitute negligence. In accidents involving pedestrians, courts also take into consideration whether the pedestrian acted negligently by failing to use reasonable care for his own safety. A pedestrian who crossed without a “walk” sign or outside of a marked crosswalk could be considered negligent, and therefore considered a contributor to the cause of his injuries. If a pedestrian is killed by the negligence of a driver, the pedestrian’s estate may be able to bring a wrongful death suit to recover damages.
Both drivers and pedestrians should pay close attention to their actions and surroundings when on the streets. Obeying traffic rules is particularly important late at night or early morning, when it is dark.
Source: NYDailyNews.com, “Cabbie killed in Manhattan car accident,” Vera Chinese, Erik Badia, and Barry Paddock, Jan. 20, 2013
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