Sadly, pedestrian knockdown accidents are all too common in New York City these days. The the increase in traffic and the growing population, car accidents and pedestrians being struck are more common than ever. This came to light and destroyed a family this past week in Brooklyn.
51 year old Choo Tain was struck and killed by an alleged stolen vehicle that first collided with another car at the intersection of East 94th Street and Avenue K. They were both on the sidewalk when, as a result of the first collision, the stolen vehicle mounted the sidewalk and struck her and her husband who also sustained serious injuries.
Under New York Law the family will have a right to seek recovery from all responsible vehicles. If the stolen vehicle is found to be responsible and was timely reported stolen then a New York State agency known as the Motor Vehicle Accident Indemnification Corporation can provide for wrongful death benefits for the family. In the event that the family owned a vehicle in their own household, they can seek coverage from that policy as an alternative.
The sad fact remains that under the present state of New York’s wrongful death statute a family, such as this, that was utterly destroyed by the negligent conduct of others have limited recourse in which to recover. In fact, Edward Steinberg of Leav & Steinberg, LLP will be attending the New York State Trial Lawyers Association for their annual Lobby Day next Tuesday, May 17th, 2016 where he will personally meet with the Assemblyman and Senators of New York State to advise them that New York is antiquated and only one of 5 states that don’t allow for the emotional loss of a loved one killed by negligence.