SPRING 2023 ACCIDENT RECAP
This spring saw its share of tragic accidents. Our New York personal injury lawyers provide a legal analysis of some of the recent tragic events.
WESTCHESTER WRONGFUL DEATH
The joy of watching our children playing sports is one of life's great pleasures, but for one mother in the Hudson Valley, that joy turned into tragedy. An unfortunate incident occurred that claimed the life of a 36-year-old woman as she was pulling into the parking lot of her son's youth baseball game. This shocking incident is a reminder of how quickly things can spiral out of control even in the most mundane of circumstances. In this blog post, our New York wrongful death lawyers, will take a closer look at this tragic event and analyze it from a legal perspective.
The accident happened as the woman was pulling into a parking spot ahead of the game. Sadly, she was struck by a car backing out of a nearby parking space and died on the scene. Such an event can be devastating for the family, and it is crucial to understand the legal implications of such accidents. In terms of liability, the driver of the car that caused the accident could be held accountable because New York law requires that everyone who is driving a car has the responsiblity to keep a proper look out and see what there is to be seen. Our Westchester car accident lawyers have won several of these types of cases, where the driver backing out claims they checked the mirror and it was clear, but that is not a reasonable excuse beause New York law requires that a driver maintain a proper lookout, while backing out not only when they start t back out. The driver who caused the death of this mother obviously operated her vehicle negligently, and her family can sue the driver and owner of the vehilce for the economic damages they have suffered.
At present, New York law only allows recovery of the economic loss to the family, but not for the grief and emotional suffering of the family members. Fortunately there is presently a proposed law which seeks to remedy this injustice. The Grieving Families Act will allow retroactively, family members who have lost a family member to sue for emotional damages.
It is also important to note that there are time limits for filing personal injury or wrongful death lawsuits. In New York, the statute of limitations for filing a personal injury lawsuit is typically three years from the date of the accident, while the statute of limitations for wrongful death lawsuits is generally two years from the date of the victim's death. It is critical to consult with an experienced New York personal injury attorney as soon as possible after an accident to ensure that the victim's family's rights are protected.
CRIMINAL CONVICTION FOR LIMOUSINE DRIVER
In October 2018, America’s deadliest transport crash since 2009 killed 20 people in upstate New York. A stretch-style 2001 Ford Excursion limousine crashed while carrying a group of people going to a surprise 30th birthday party. After a long trial, Nauman Hussain, the former service manager for Prestige Limousine, was convicted of manslaughter for his role in the fatal wreck. In this blog, we will examine the details of the case and discuss the implications for the limousine and ground transportation industry.
The trial lasted for more than four weeks, and the jury heard evidence from both the prosecution and defense. The prosecution argued that Hussain failed to ensure that the limousine he authorized for service was safe to operate on the roads. They said he did not conduct proper inspections, did not repair known defects, and did not hire qualified drivers. Furthermore, the prosecutors pointed out that the limousine was not designed to carry so many passengers, and it lacked proper safety features like seat belts.
Hussain’s lawyers, on the other hand, claimed that their client had delegated the maintenance and inspection duties to the company mechanics, who were responsible for the tragedy. They argued that Hussain did not have the necessary training or expertise to identify mechanical problems with the vehicle, and thus, should not be held liable for the deaths of the passengers.
The jury ultimately found Hussain guilty of 20 counts of criminally negligent homicide and one count of manslaughter in the second degree. The judge sentenced him to five to 15 years in state prison, saying that Hussain had "knowingly put profits over safety" and that his actions were "reckless and criminally negligent.”
This tragic incident has raised questions about the safety of the limousine industry and the regulatory oversight of this sector. The National Transportation Safety Board (NTSB) conducted an investigation into the crash and made several recommendations to prevent similar accidents in the future. One of their suggestions was to enforce stricter regulations on limousine operators and to require that all limousines meet federal safety standards.
The limousine and ground transportation industry is responsible for transporting millions of people every day. As such, it is vital that these operators prioritize the safety of their passengers and comply with all regulations. It is essential to ensure that customers have safe, reliable, and comfortable transportation options, and that they are not putting their lives in danger by using unreliable and poorly maintained transportation services.
