Far too many accidents involving pedestrians occur on the streets of New York City. Tragically, a man simply sitting on a park bench in Staten Island recently lost his life in a fatal accident. Police suspect the driver of one of the two vehicles involved was impaired.

Reports indicate that the 25-year-old driver of a small Nissan SUV is suspected of having been impaired when she slammed into another vehicle at an intersection. The impact forced her vehicle onto the sidewalk and a park bench. Debris from the accident nearly hit bystanders. Once the vehicles came to a rest, witnesses ran to the aid of the driver. It was then that someone discovered a pair of legs underneath the vehicle.

They quickly realized that another person was underneath the vehicle. Apparently, the vehicle flew into the air during the impact and landed on the bench. The man sitting there had no time to try to get out of the way. One source indicated that he might have been able to look up, but nothing more. He was taken to a hospital in the area, where he died.

The driver believed responsible for the fatal accident faces a charge of driving while ability impaired. She may also face a wrongful death claim filed by the surviving family of the man on the park bench. If his surviving family members are able to establish negligence on the driver’s part, a New York court may award his loved ones damages allowable under state laws. A DUI conviction in criminal court, if obtained, could be offered as evidence of liability in a related civil court proceeding.

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