Reports show that a man sitting on a park bench on Staten Island was killed when a vehicle crashed onto the sidewalk and hit him. The victim, David Craig, 57, was sitting on a bench at the intersection of Bay Street and Victory Boulevard. Around 2 p.m., a 2008 Nissan Rogue, which was heading south on Bay street, hit a 2003 Nissan Altima that was turning onto Victory Boulevard. When the vehicles collided, the Nissan spun onto the sidewalk, hitting Craig as he sat on the bench.
Witnesses attempted to help the victims, but were unable to revive Craig. He was taken to Richmond University Medical Center where he was pronounced dead. After the accident, police charged the woman driving the Nissan Rogue, Oriamor Benson, 25, of Staten Island with driving while ability impaired.
Pedestrian Rights Under Personal Injury Law
Statistics show that each year nearly 5,000 pedestrians are killed in motor vehicle accidents while another 76,000 are injured. While many pedestrian accidents occur when the pedestrian is crossing a street, there are some instances where a vehicle leaves the road and hits a pedestrian on the sidewalk. In instances like this, the driver is usually responsible for any damages. If the pedestrian survives and incurs high medical costs or suffers from pain and other repercussions of the accident, he or she has the right to seek compensation from the at-fault driver. If the pedestrian is killed, the surviving spouse and/or children can file a wrongful death suit and seek compensation for their losses, including projected income the deceased victim would have earned.
However, it is not always easy to hold drivers accountable in pedestrian accidents. Many drivers and the insurance companies will fight lawsuits by pedestrian accident victims, claiming that the pedestrian was the cause of his or her own injuries even if it is clear the driver was at fault. Many victims find it easier to rely on an experienced personal injury attorney to handle their cases than to try to fight with an insurance company alone.
If you are a pedestrian who has been injured by a vehicle or if you have lost a loved one in a similar accident, you should speak with a personal injury attorney. The team at the Fitzgerald Law Firm in New York has helped the victims of pedestrian accidents seek compensation with a personal injury case. Give us a call today for an initial consultation to learn more.