One man was killed in a crash involving a bus and a pedestrian in New York City on December 23. The driver of the bus was arrested and charged with failing to yield in connection with the incident.
According to police, the fatal accident occurred at about 6:00 p.m. in the East Flatbush area of Brooklyn. The bus, driven by a 57-year-old man, was making a turn from Farragut Road onto New York Avenue when it hit a male pedestrian.
The 78-year-old victim was declared dead at the scene of the accident, and traffic was delayed in the area for approximately 20 minutes while police investigated. The driver faces up to 15 days in jail and a fine because the charge of failing to yield has been made into a misdemeanor in New York under an initiative called Vision Zero, brought by the mayor of New York City, which seeks to prevent pedestrian deaths.
In similar cases, the surviving family members of pedestrians killed in car accidents may be eligible to file wrongful death claims. In New York, a successful claim might result in awards for economic and non-economic damages. The family could be compensated for funeral and burial expenses incurred by the family as well as loss of financial support and services. Non-economic damages might include those for loss of companionship and care. In cases like this one, a wrongful death lawsuit would be processed separately from any criminal charges filed against the responsible driver, but the family’s attorney could use the police report from the misdemeanor to support a claim of negligence and liability on behalf of the driver.