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