New York City Auto Accident Attorney Discusses How Reckless Drivers Are Rarely Held Accountable
Online, October 29, 2012 (Newswire.com) - According to The New York Times, the State Department of Motor Vehicles recorded about 3,000 serious non-fatal accidents in 2011 in New York City. Of those accidents, NYPD's Accident Investigation Squad investigated only 63, which amounts to 2 percent. City Council members have questioned NYPD's practice of investigating a traffic accident case only when a victim is considered "likely to die."
The article gives the example of a woman who was struck by a city dump truck as she was walking in a marked crosswalk. Months later, the driver of the dump truck is yet to face any citations or even charges for running over the pedestrian. In another case, a young woman was hit by a vehicle while crossing the street. However, the officers used an improperly calibrated breath-testing device during their investigation causing the district attorney to toss out the results, which showed that the driver was under the influence. Similarly, in another bicycle accident, a woman suffered a broken neck and a shattered left leg. But the driver who hit her was not charged although he appeared to have been intoxicated.
Auto accident victims and their families face a number of challenges in the aftermath of a devastating crash, said New York personal injury lawyer Kenneth A. Wilhelm. "They face medical expenses, hospitalization and rehabilitation costs, and significant losses relating to not being able to work as they recover from their injuries. The costs add up very quickly and a number of families find themselves in the brink of financial ruin."
When no one is charged, cited or found at-fault for the accident, it becomes even more challenging for the victim to prove fault. But, Wilhelm points out that the at-fault party does not have to be charged or cited in order to face a civil personal injury lawsuit. "In a civil proceeding, the plaintiff needs to prove only that the driver was negligent in order to seek and obtain monetary compensation for their losses."
Proving negligence can be an uphill task in a number of these cases, he said. "That is why injured victims and their families need an experienced and knowledgeable auto accident attorney ny who has successfully handled similar cases. They need aggressive trial lawyers who will not be afraid to fight insurance companies and other entities until they have secured just compensation for their clients."
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