New York Injury Lawyers Blog

Police in the Bronx are looking for a livery cab driver who they say struck a pedestrian with his car and then left the scene. After the first hit-and-run, the victim was hit by a sanitation vehicle, the driver of which stayed on the scene. The victim was taken from the accident site at East 163rd Street and Third Avenue to Lincoln Hospital, where he was pronounced dead.

The Accident Attorneys at Gallivan & Gallivan regularly represent pedestrians struck by vehicles in the New York area. Call us today for a free consultation.

Website Resource: NY1

In August, a Queens jury awarded damages in excess of 20 million dollars to a woman struck by an MTA bus in Long Island City. The plaintiff, a housekeeper, was awarded summary judgment after a surveillance video established that the pedestrian had the right of way. The bus did not yield and struck the plaintiff. Among her resulting injuries were multiple fractures of her dominant arm, facial abrasions and contusions, and subsequent amputations of the right (dominant) arm above the elbow and right leg below the knee. The plaintiff required twenty subsequent surgeries and seven months of rehabilitation.

The plaintiff claimed negligence on the part of the bus driver, and vicarious liability on the parts of the MTA, New York City Transit Authority, and MTA Bus Company. "Vicarious liability" allows for an employer to be held liable for the actions of his or her employees in certain situations. Generally, the employee must be performing the standard operations of his or her job description at the time the offense occurs for the employer to be held liable. In the case at hand, the plaintiff asserted vicarious liability because the driver negligently performed an everyday aspect of his job. The MTA employs him to drive the bus with reasonable care. and in this instance, he performed this duty negligently, so his employers could be found responsible for his negligence.

The breakdown of damages is as follows:

• $483,907.00: Past medical expenses

• $4,832,142.00: Future medical expenses

• $4,000,000.00: Past pain and suffering

• $11,000,000.00: Future pain and suffering

The defense has appealed both the summary judgment finding and the amount of the damages. The plaintiff has also moved to increase the award for past medical expenses. The law firm, Lipsig, Shapey, Manus & Moverman, PC, represented the plaintiff.

A Brooklyn hit and run accident left a father and his year old daughter injured in Bedford-Stuyvesant on Saturday afternoon. The father was attending to his daughter in her stroller when the livery cab was struck by another vehicle, causing it to jump the curb, crushing the pair against a fence outside of a convenience store. The driver of the cab fled the scene on foot, leaving his mangled car behind. The unnamed driver of the second vehicle stayed at the scene of the accident.

Both father and daughter were expected to recover. The livery driver was not immediately identifiable, however efforts were being made to determine his identity through the livery company.

In addition to the apparent liability for causing the accident, the livery cab driver will likely face criminal and/or traffic charges stemming from his decision to leave the scene of the accident. Although the injuries to the father and infant are unclear, a personal injury lawsuit or claim will follow. In such instances, it is important for the injured parties, their attorneys and or investigators to gather all pertinent information including photographs of the scene, police reports, relevant medical records, insurance information for the livery cab, etc. NYC cabs are required to carry a minimum of $100,000 in liability insurance coverage. Given the factual scenario here, this amount of insurance would likely fall short of fair compensation for the family.

LA Lakers star forward, Lamar Odom, was a passenger in a car that struck and seriously injured a motorcyclist and a pedestrian in his hometown of Queens, New York, on Thursday.

A publicist for Odom's wife, Khloe Kardashian, told the New York Post that Kardashian was not with her husband a the time of the motor vehicle accident. A source close to Odom also told the Post that he was not physically injured in the accident, but was "shaken up."

The New York Police Department is reportedly investigating the accident. If you or a loved one has been injured in a motor vehicle accident, call the New York Accident attorneys at Gallivan & Gallivan.

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Report: Lamar Odom passenger in crash, Dave McMenamin and Ramona Shelburne, espn.com.

New York State Governor, Andrew Cuomo, signed a bill into law this week that allows police officers to stop and ticket drivers whom they see texting while driving. Texting while driving had already been a moving violation, however, prior to the new bill, police officers were only able to ticket the offending motorist if the officer had pulled the driver over for another reason. Drivers guilty of the violation of texting while driving can receive up to a $150 fine.

In March of last year, the federal government issued a ban on commercial truck drivers texting while driving. The fact that both the federal and state governments have recognized the inherent danger of texting while driving should make for safer roads for drivers and pedestrians alike.

Seven pedestrians are recovering from injuries after they were struck by a car while exiting a central New York park following a fireworks show.

The Cayuga County Sheriff's Office reported that the pedestrian accident occurred at approximately 10:15 p.m. Sunday as traffic was leaving Emerson Park in Owasco. Deputies say a pickup truck driven by 19-year-old Adam Hurd of Auburn struck a Volvo driven by 19-year-old Tyrel Cochran of Skaneateles (skan-ee-AT-less), pushing the car into the seven unsuspecting pedestrians.

The injured individuals were taken to Auburn Memorial or University Hospital in Syracuse with back and leg injuries. Police say none of the injuries appeared to be life-threatening. The sheriff's office says the investigation is continuing and tickets for traffic violations may be issued.

The New York Pedestrian Accident Attorneys at Gallivan & Gallivan provide aggressive representation for those injured in car accidents throughout the State. Please see our website for recent results in accident cases.

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7 pedestrians struck by car after fireworks show, Wall Street Journal, Associated Press, July 4, 2011.

Port Jefferson Station resident Francisco Cardozo was struck and killed by an oncoming vehicle in Huntington Station early Friday morning. Police have determined that Cardozo was most likely walking in traffic when he was hit by the vehicle. The driver of the vehicle walked away unscathed, although police took custody of his car as part of an ongoing investigation.

This incident while undoubtedly tragic may not result in a successful personal injury lawsuit against the driver of the vehicle. Solely because this man was struck by a vehicle does not entitle his family to recover damages. Many questions must be answered including whether he was walking in the crosswalk, whether the driver of the vehicle violated any traffic laws, etc. The defendant in any potential case will seek to place responsibility on the accident with the injured party. Mr. Cardozo's family would need to prove that the accident was caused by the negligence of the driver in order to prevail.

Additional questions that a personal injury attorney would need answered during their investigation include whether he was working at the time of his death, whether he was supporting any family members at the time of his death, whether he died instantaneously or after suffering from his injuries for a period of time before dying. The answers to all of these questions and many more will dictate whether a successful personal injury / wrongful death case can be proven.

Website Resource: Pedestrian killed in NY suburb AP

Laurence Renard was struck and killed by a dump truck on Manhattan's Upper East Side last night as she crossed First Avenue. The accident occurred just before 6:00 between 90th and 91st Streets. Renard was crossing First Avenue when a carting truck driven by Diego Tappia-Ulloa turned left from 90th Street and struck her while heading north on First Ave.

Renard was pronounced dead at the scene. Officers arrested Tappia-Ulloa for driving without a valid license. Police are still investigating Tappia-Ulloa.

Website Resource: French fashion stylist Laurence Renard killed in horrific East Side rush-hour accident
New York Daily News, Meredith Bennett-Smith and James Fanelli, January 25, 2011

Police are looking for the driver of a late-model Mercedes Benz that struck and critically injured a pedestrian early Sunday morning in White Plains. Raul Rios, a 23 year old firefighter, was hit at approximately four a.m. while crossing East Post Road. Two witnesses who rushed to Rios' aid were subsequently struck by a separate vehicle driven, according to police, by White Plains resident David Bautista. Police apprehended Bautista shortly thereafter and charged him with misdemeanor DWI and leaving the scene of an accident. The two good Samaritans were treated and released from White Plains Hospital Center. Rios is still in critical condition at Westchester Medical Center.

White Plains Police Commissioner David Chong released a statement saying, "we feel that because of the number of people on the streets, somebody may have seen the car and maybe even got a partial license plate number. We're hoping that anyone with information will get in touch with us." The police department has also released video footage and a photo of the suspected vehicle to aid in the effort to bring the driver to justice.

Police have asked anyone with information regarding the hit and run to contact the Detective Division at 914-422-6217 or 914-422-6223. Calls will be kept confidential.

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Cops: 3 struck by 2 cars; motorists fled The Journal News, Richard Liebson, December 20, 2010

On October 30, 2010, a 23-year-old Westchester County, NY man was one of two people killed by an alleged drunk driver in Tampa, Fla. Douglas Kozar was reportedly crossing the Harbor Island Bridge with two co-workers around 2 a.m. when Matthew Moye, a 34-year-old dentist, struck them with his 2011 Cadillac.

Moye has been charged with two counts of vehicular homicide, two counts of driving under the influence manslaughter and DUI with injury.

Family members and close friends were shaken by Mr. Kozar's death. Kozar's father, Russell, explained, "We are just devastated. This is a loss we will never get over."

Kozar's wake will be at the Whalen & Ball Funeral Home in Yonkers on Wednesday from 2 to 9 p.m. His funeral will be held at St. Matthew's Catholic Church in Hastings-on-Hudson on Thursday at 10 a.m. and he will be buried at Mount Hope Cemetery in Hastings-on-Hudson.

The family has asked that donations be made to Mothers Against Drunk Driving.

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Cortlandt man, 23, killed by alleged drunken driver in Fla., Journal News, Danielle DeSouza, November 1, 2010.

An elderly driver struck and killed a pedestrian near Yonkers Avenue in Yonkers, NY last week. The accident occurred at approximately 7 p.m. on October 21, 2010 at the intersection of Yonkers Avenue and St. John's Avenue. Yonkers Avenue was closed for a few hours while police investigated.

The pedestrian accident resulted in the death of a middle-aged man who was engaged to be married. His fiance appeared on News 12 calling for the implementation of an age limit on drivers in New York.

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Man Struck, Killed By Car In Yonkers, Journal News, Danielle De Souza and Will David, October 21, 2010.

Two pedestrians were killed in car accidents in the New York area over the weekend.

NYPD detectives are investigating whether a New York City fireman was driving a sport utility vehicle that struck and killed a 25-year-old pedestrian in Brooklyn (NYC) Sunday morning of October 10, 2010. Manuel Tzajguachiac was struck by a BMW SUV as he walked near the corner of 65th Street and 20th Avenue in Bensonhurst, Brooklyn. He was reportedly transported to Lutheran Hospital, where he was pronounced dead.

The SUV was later found abandoned on East 9th Street in Midwood, Brooklyn. A source within the NYFD reported that Pat Quagliariello, 39 years old, walked into the 62nd Precinct at about 4:00 a.m. and identified himself as the owner of the vehicle and informed police he was retaining a lawyer. He was reportedly released as police continued to investigate the accident.

In the second accident, Dario Digiano, 21, of Belleville, N.J., was pronounced dead at Beth Israel Hospital after he was hit by a small delivery truck while walking on Morton Street near West Street in Lower Manhattan. Detectives were searching for the truck and its driver after the accident. No arrests have been made.

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Fireman Probed in Brooklyn Car Death, Wall Street Journal, Tamer El- Ghobashy, October 11, 2010.

A Brooklyn (NYC) jury recently returned a $40 million verdict in favor of a construction worker severely injured when a Verizon truck struck him in 2006. Matthew Falcone, 53, was hit by a Verizon truck traveling 50 miles an hour near his Gravesend home.

Falcone suffered a traumatic brain injury and is partially paralyzed as a result of the pedestrian accident. After the crash, Falcone was in a coma and not expected to survive. He spent several weeks in the hospital, but has made a remarkable recovery. He hopes to be discharged from the Staten Island nursing home where he currently resides and move in with his sister in the near future.

Attorneys for Falcone expect the verdict to be appealed.

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Construction worker wins $40 million after being struck by Verizon van, Scott Shifrel, NY Daily News, May 28, 2010.

Two pedestrians were reportedly struck by a car at Old Post Road and Route 22 in Bedford, NY earlier this evening. The older of the two pedestrians was transported to Westchester Medical Center with serious injuries immediately after the accident.

The car also struck a younger woman, but no information was immediately available about her injuries or where she was treated. The accident is still under investigation.

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2 hurt in Bedford accident, Journal News, Danielle De Souza, May 15, 2010.

A Brooklyn (NYC) cab driver was reportedly drunk when he struck and killed a pedestrian. The 36 year-old driver has been charged with DWI and Vehicular Homicide.

The victim, a 50 year-old male, was crossing W. 6th Street and Avenue O in Gravesend at approximately 6:45 pm on January 1, 2010. The driver reportedly had the green light. However, if it is proven that the driver was intoxicated at the time of the accident, he or his company could still be found civilly liable for the pedestrian's pain and suffering and wrongful death.

Website Resource:
Brooklyn cabby in 'DWI' kill Mows down man, NY Post, Christina Carrega and Time Perone, January 2, 2010.