Despite the fact that he caused an accident that cost a woman her leg last year, Mohammed Faysal Himon has been back behind the wheel of his cab since February, prompting outrage on the part of those who witnessed and were affected by the August 2013 accident.
According to Taxi and Limousine agency records, Himon, 24, drives for 28th Street Management, a company that operates as a licensing agent for New York cab drivers from a Tenth Avenue storefront.
Himon was behind the wheel of a cab on Sixth Avenue last August when he jumped the curb and hit Sian Green, 25. The young woman was walking with a friend on West 49th Street. The Leicester girl lost her leg below the knee as a result of the accident.
An investigation revealed that Himon was not authorized to be driving a cab at the time. He claimed that he was cut off by a cyclist, Kenneth Olivo, 41, and was unable to control the cab. The TLC suspended his license for 30 days. However, the Manhattan District Attorney has not filed criminal charges against him, so the agency was forced to reinstate his license.
Himon apparently has three other moving violations for a total of nine points on his license during 2011. Two points were removed after he took a defensive-driving class.
In the meantime, Green is struggling to adapt to life as an amputee and is very upset that Himon will apparently escape punishment for his role in the accident. Green has filed a $27.5 million civil suit against Himon and the city of New York.
Criminal vs. Civil Punishment
In many cases, those who cause accidents escape criminal punishment. The reason for this is because it can be very difficult to prove that a driver committed criminal negligence, even if the outcome of the accident is very serious. When a driver speeds or is driving drunk, criminal charges are possible, but in most cases, it is more likely that a civil lawsuit will hold the driver accountable.
Civil lawsuits can be filed regardless of the actions taken in a criminal case. Those who have been injured by a careless driver may find that they can recover payments for their injuries, including payment of medical bills, therapy costs, prosthetics and other expenses related to their accident.
Contact Fitzgerald Law Firm in New York for more information on how to collect monetary damages for your injuries.