Whenever a pedestrian is hit by a car on New York streets, it is the duty of the police department to determine who was negligent before making charges – and when they find that the pedestrian was negligent, it becomes a hard case for a car accident lawyer to prove otherwise in order to get compensation for the personal injury or death. This was the situation for the family of a woman who was hit at Brooklyn on Sunday, 26th October 2014. According to the New York Police Department, investigations show that the lady was negligent and therefore in error. There are no charges being made against the driver who hit the woman.
School Children Hit by Car Out of Control
In another case of hit pedestrians, a woman, Sonia Rodriguez was involved in a series of injuries after her car lost control. According to reports, the car – a blue Honda lost control and rammed onto the curb hitting Sonia Rodriguez and her friend Genesis Rodriguez – two school girls aged 8 who were just outside their school gate. Unfortunately, Sonia Rodriguez did not survive the hit as she sustained major injuries on one of her lungs. Attempts to apply CPR also failed and she was pronounced dead upon arrival at the St. Barnabas Hospital. Genesis Rodriguez also sustained some injuries and was rushed to the same hospital.
Rodriguez did not manage to stop after hitting the two school girls but proceeded out of control along the curb and hit some more pedestrians. Four women and another school child were also victims of the same incident and were rushed to the same hospital. Other victims sustained minor hits and injuries. The driver finally hit a chain-link fence and a wrought-iron gate before coming to a halt.
Car Accident Lawyer Concerns about the Investigations
According to the New York Police Department, the investigations were still underway and no charges had been made yet. The car accident lawyer representing the school girl’s family and those representing the injured women and school girls are pressuring the police to make a charge. They argue that the police may dismiss the case and not make any charges as was the case with a similar incident that took place 2013 – when the NYPD did not make charges.
No charges Made in Similar Case in 2013
In the 2013 incident that happened in Maspeth, a car driver hit 5 school kids along the side walk near their school. The children sustained major injuries from the accident with one of the children died shortly after the accident in what was seen to be related to the accident. However, no charges were made to the driver, Francis Aung Lu by either the NYPD or the District Attorney.
Complexities of a Hit Pedestrian Case
The determination of crime or personal injury in the case of a car accident that involves hitting a pedestrian is not always straight forward. This is especially the case when the driver is not to blame directly, for example in the case of a faulty car. If the police can not prove any negligence on the part of the driver, then it becomes hard for the accident attorney to win compensation for the injured victim or for the family of the deceased victim.