On behalf of Kammholz Law PLLC posted in Wrongful Death on Tuesday, May 13, 2014.
The loss of a loved one can have a devastating impact on a family. When such a life is lost in a fatal accident as the result of the negligence of a driver, it is only natural to want to see that person be held accountable. A 24-year-old woman who took care of her sister who suffers Down Syndrome was killed in a hit-and-run accident outside a club in New York last year. The woman crossed the street after exiting a club early on the morning of Aug. 31, 2013, when she was knocked down by a silver SUV that was traveling at a high rate of speed. Witnesses described how the woman’s body was tossed up into the air by the impact and then landed in the street. They said the driver increased speed and raced away immediately after hitting the woman. The arrest of the driver of the SUV took place the following day, and he appeared in court on May 1. Court records indicate that he entered a guilty plea to a felony of leaving the accident scene where injuries were present. Punishment may include incarceration of up to seven years. The man was not charged with homicide, and the top charge was leaving the scene of a crash that was serious. He is currently awaiting his sentencing hearing, which is scheduled for June. New York residents who have lost a loved one in a fatal accident that was caused by the negligence of another party retain the right to pursue an award of damages by filing a wrongful death claim in a civil court. Determining the value of the life of a loved one is virtually impossible, but compensation to cover funeral and burial expenses, along with loss of income and other tangible costs, may be claimed. While it may not change the tragic events, it may allow those left behind to find closure. Source: Streetsblog New York City, “Driver Who Killed Bronx Pedestrian Pleads to Leaving Scene“, Brad Aaron, May 5, 2014