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Bronx Personal Injury & Real Estate Blog

Thursday, October 18, 2018

Suing New York City for Wrongful Death

Q: What happens in the case of an accident involving a government-owned vehicle?

New York City Car accident attorneys have seen it all due to the nature of the many ways people navigate the city. In addition to accidents involving two cars, accidents may also involve trains, motorcycles, buses, trucks, bicycles and pedestrians.

Recently, New York City’s first fatality involving a City Bike rider and a New York City bus went to trial on the criminal charges. It’s not known if a wrongful death action has been commenced.

A married 36-year-old investment banker and father of two was reportedly bicycling without a helmet while wearing an “over-the-ears”-style headset when a city bus driving in the same direction beeped but proceeded to pass the biker very closely as he was cycling passed a parked car.

According to investigators reviewing videotape footage and witness statements, the bus driver allegedly struck the handlebars causing the biker to lose his balance and become “sandwiched between a parked car and the bus… He tumbled off the bike and under the rear wheels of the bus”, was crushed and was pronounced dead at the hospital.

The busdriver was charged with “causing physical injury by failing to observe the right-of-way … [and] failure to exercise due care” but even if convicted faces a maximum sentence of up to 30 days in jail.

Regardless of the outcome of the criminal case stemming from the bus accident, the victim’s surviving spouse and children may be entitled to compensation through a civil wrongful death lawsuit.

If the victim’s survivors are able to prove that his death resulted from the negligent, reckless, or intentional actions or inactions of another person or entity--namely the bus driver and the bus owner company-- they may be entitled to compensation for their losses.

While wrongful death cases are complicated regarding who has standing to sue and for what damages, generally awards cover such items as the victim’s final medical and funeral expenses. In addition, survivors may receive compensation for psychological and financial injuries as a result of the loss of their loved one.

In cases like this, where the accident involved a municipal or government owned or operated vehicle – – the New York City bus – – it’s important to seek help from a skilled personal injury and wrongful death attorney immediately to avoid forfeiting your right to commence a lawsuit. You may have as 90 days from the accident to file a Notice of Claim or other documents that preserve your right to sue.

If you or a loved one has been injured, or a loved one has been killed, as a result of somebody else’s actions, the Goldstein Law Firm can you help maximize the compensation to which you may be entitled. Contact us today for a free consultation. From our offices in the Bronx, New York, we represent injured victims and their families throughout New York City and New York State, including those injured while visiting New York.


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