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This week’s Accident Law Review- June, 2015

June 6, 2015
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A significant amount of property damage was caused to a local Mount Vernon business yesterday. – The driver of a van, who was speeding on West Lincoln Avenue, lost control and slammed into a Mount Vernon laundromat yesterday. New York’s vehicle traffic law requires that drivers maintain a reasonable speed under the circumstances. A failure to abide by this law is negligence. Certainly the driver is liable and their insurance company will have to compensate the property owner. In another twist of fate, a driver of a motor vehicle suffered a fatality after he lost control of his vehicle in Rye on interstate 95.

Our Westchester car accident lawyers have handled many cases where cars crash into other vehicles which are disabled on a highway or parkway. In the Rockland County village of Nyack, a major truck accident occurred this week. A tractor-trailer burst into flames after smashing into a disabled truck on I-87 this morning. New York law requires that car and truck drivers maintain a proper look out and make adjustments for unexpected circumstances. Our New York truck accident lawyers have handled many truck accidents including fatalities.

A terrible tragedy occurred in the Bronx this week when a Mercedes SUV lost control and hit an eatery, which resulted in the wrongful death of a six year old boy. No words can express the sorrow of a grieving parent and our New York wrongful death attorneys have seen too many parents cry over the loss of a child because someone was careless. Still the law in New York continues to provide inadequate remedies for the loss of a child. In New York, the law is that for wrongful death, the decedents can only recover the financial or pecuniary loss that the decedent provided, which in the case of a child or an elderly person is not much. The decedents can also recover for the pre-death pain and suffering of the decedent. The law however does not recognize a parent’s grief or sorrow as an element for which damages can be awarded. Hopefully, this will change.

 
The Law Offices of Michael H. Joseph