Two separate families were walking close to each other on a sidewalk in the Bronx when a car that had run out of control veered off the road, over the curb and onto the sidewalk on Halloween. The three members of the two groups who were killed in the accident were Nyanna Aquil, 10; her grandfather, Louis Perez, 65; and Kristian Leka, 24. The three who were hurt include Mr. Leka’s fiancée and sister and Mr. Perez’s granddaughter who was only three years old.
It has been suggested that the 52-year-old male driver who has been identified as Bronx resident Howard Unger may have had something medically wrong with him that caused him to lose complete control of the Dodge Charger sedan he was driving. He had been driving in a westerly direction along Morris Park Avenue when he rear ended a Toyota, veered into oncoming traffic and jumped the curb, causing the serious injuries.
NYC Mayor Bill de Blasio was shocked by the fact that two families were torn apart as a result of the accident and said he wants to see the end to tragedies like this on the city’s roads.
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The Centers for Disease Control and Prevention said Halloween is a particularly dangerous time of the year for young pedestrians, and more children are killed on October 31 than during any other period. The main reason for this statistic is there are more people out on the crosswalks than at other times of the year. So far this year 13 pedestrians had lost their lives when cars jumped onto curbs, an increase from 5 in the whole of 2014.
Drivers who have caused accidents in the past often face serious criminal charges when prosecutors prove that prescribed medication designed to prevent a seizure have caused an accident. After a long investigation had been carried out on a taxi driver in the Bronx who experienced an epileptic seizure that caused him to hit two pedestrians faces charges of criminally negligent homicide and manslaughter.
Prosecutors reported that taxi driver Emilio Garciaone knew of his epilepsy and had a head-on crash 3 months before this fatal crash. It has been reported that he had failed to take anti-seizure medicine in the prescribed doses.
So far, no charges have been brought against Mr. Unger, but sooner or later the cause of this tragedy will be revealed. In the meantime, the two families will be coming to terms with their losses and be thinking about ways they can look after those who have been seriously injured.
They may find they are entitled to file a wrongful death lawsuit against Mr. Unger for causing the deaths of their loved ones. It may seem unnecessary to ask for financial compensation for the loss of a member of the family. There are two sides to the coin in a wrongful death claim. The first is you may financially suffer when a breadwinner in your family is killed and you may have no way of making up for the shortfall. The second is filing a wrongful death claim helps the families feel they have taken part in seeking justice for the loss of their loved ones.
The sorts of things that may be included in a wrongful death claim are the loss of income due to the untimely death of a loved one, loss of consortium and punitive damages if the person who caused the deaths acted deliberately negligently.
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If you believe you are eligible to file a wrongful death claim in the New York or Long Island area you should seek advice from experienced wrongful death attorney Richard S. Jaffe Esq. who knows what you are going through and can present a case for you to be compensated.
You can contact him for a free consultation at the Law Offices of Cohen & Jaffe LLP, 2001 Marcus Avenue, Suite W295, Lake Success, NY 11042. Phone: 516-358-6900 or toll free: 800-483-6149.