People who know the 73-year-old man who drove his vehicle into a restaurant say that accidents happen, and the New York man is not evil. However, police say that his actions say otherwise since he fled the scene of a car wreck. The crash took the life of one child and injured his father and younger sister.

At about 5:30 p.m., the 34-year-old man, his 7-year-old son and 5-year-old daughter were having ice cream when the vehicle plowed through the window. The man yelled at the driver to move his vehicle because it was actually on the children. That is when the SUV fled the scene.

Witnesses chased the SUV for a couple of blocks until they were able to locate police who gave chase. Officers caught up to the damaged vehicle and arrested the driver. At this point, the driver, who is from the Bronx, only faces three counts of leaving the scene.

The investigation indicates that he was attempting to park when he accidentally hit the gas pedal instead of the brake. That does not change the fact, however, that the little boy died. Fortunately, his father and sister suffered only minor injuries.

Even if no additional charges are filed against the driver, he could face a wrongful death claim from the family of the boy whose life ended so abruptly and violently in this car wreck. If the family successfully proves negligence on the part of the elderly driver, a New York court may award damages to them. Any monetary restitution received by the family will not bring back the little boy, but it may help with the financial losses that accompany a premature death.

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