The hours before a woman gives birth can be stressful, chaotic and even exciting for new parents. However, any NYC car accident lawyer knows that in the rush to get to a hospital, accidents can happen.
Recently, an expectant New York couple was killed in a tragic hit and run accident while on the way to the hospital. The couple was in a cab when another driver crashed into the vehicle. The driver fled the scene of the accident.
The expectant parents, both 21 years old, were both killed in the accident. The mother was thrown from the vehicle during the accident. Their child, who was premature at 7 months, was delivered alive by Cesarean section at the hospital; however, the baby died the next day due to blunt-force trauma to his mother.
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Liability in a car accident is determined under the legal theory of negligence. A driver’s failure to exercise reasonable care, such as by speeding or disregarding traffic signals, can constitute negligence and give rise to liability for any injuries caused by that negligence. When someone is killed in a car accident that was caused by another driver, the surviving family members may be able to bring a civil wrongful death suit against the other driver. A civil suit can be brought against the driver for damages even if criminal charges have already been brought for the same conduct. These damages may include monetary damages for loss of support and funeral and medical care.
The driver of the second vehicle has been charged with criminally negligent homicide, three counts of assault and leaving the scene of a car accident. Authorities state that he was driving 60 mph through the Brooklyn streets at the time of the accident.
Source: NBCNewYork.com, “Hit-Run Suspect Returns to NYC After Pa. Arrest in Crash That Killed Pregnant Woman, Husband,” March 7, 2013