Manhattanites are no strangers to heavy traffic. In fact, poor traffic patterns are partly to blame for a recent tragedy that took the life of a 9-year-old boy, NBC New York reported. He and his 51-year-old father were crossing a street on the Upper West Side when they were struck by a taxi.
The father sustained a leg injury. His young son was transported to St. Luke’s-Roosevelt Hospital Center, where he was pronounced dead. Both were hit by the taxi, which had turned into their path. That driver was given a citation for failing to yield to a pedestrian.
Clearly the driver played a significant role in fault. But others continue to emphasize the need for the Department of Transportation (DOT) to do something more. A traffic study in that area has already been done, and now a City Comptroller is asking for action.
Filing a Wrongful Death Claim after a Fatal Pedestrian Accident
Sometimes determining fault in a fatal accident is difficult. If the driver works for the New York City Taxi and Limousine Commission, that agency potentially could be liable as the employer of an employee on duty. However, if it was an independent driver, then a claim likely would have to be filed against that person as an individual.
Additionally, in this instance, the community at large considers the city planners partly responsible because of the poor traffic pattern. Establishing negligence is important for a family to pursue compensation for their financial and emotional losses. The child’s family may be able to hold both the city and the taxi driver at fault for the untimely death.
If there truly is any merit to the DOT failing to fix traffic patterns, there is the possibility of holding them liable. Of course, claims against the government are complicated and come with a variety of challenges, especially because many government agencies are immune to being sued.
Gacovino, Lake & Associates is a large, multi-city firm that can handle a nuanced and complicated like this wrongful death in New York. Concerned family members can learn more about their specific cases by calling (800) 550-0000.