NYC pedestrians killed by drivers rarely get criminal justice, and the numbers show why many families feel let down. If you are a pedestrian or bicyclist in New York City, you take your life into your hands every time you travel its streets. A bicyclist or pedestrian is killed in a car accident every 48 hours in NYC.
Why NYC Pedestrians Killed by Drivers Rarely Get Criminal Justice
If you have lost a loved one in a traffic accident caused by a negligent or inattentive driver, you may naturally want to pursue every avenue of justice available. While you can certainly file a personal injury or wrongful death lawsuit, you may be surprised by how rarely drivers face criminal charges.
What Is Cooper’s Law?
Dana M. Lerner wrote a recent opinion piece in the New York Times. Her name may not be immediately recognizable, but “Cooper’s Law,” which lawmakers passed in the summer of 2014, carries her 9-year-old son’s name. A taxi driver killed Cooper in January 2014. Cooper and his dad were in a crosswalk and had the right of way when an inattentive taxi driver failed to yield during a left turn.
In some respects, the taxi driver’s error seems like an innocent one. But shouldn’t we hold professional drivers to a higher standard? And shouldn’t we expect that all drivers pay more attention in a city with some of the most crowded streets in the world?
Sadly, negligent drivers who kill pedestrians and bicyclists receive citations for careless driving in just under one percent of cases. Actual criminal charges are even rarer, Lerner says. New York police and courts may be overly busy as it is, but surely these deceased pedestrians and bicyclists deserve some justice.
Mayor Bill de Blasio’s administration is on a mission to completely eliminate traffic deaths and major injuries within the next 10 years. Unfortunately, this might not be possible without providing a stronger incentive for drivers to pay attention. Criminal charges could send that message loud and clear.
What Families Can Do After a Pedestrian Death
Regardless of how the criminal justice system responds to traffic accidents, victims and their families do have options. If you or a loved one was injured or killed by a negligent driver, please share your story with an experienced personal injury attorney.
Frequently Asked Questions
Why do prosecutors rarely charge NYC drivers who kill a pedestrian?
Prosecutors often need proof of recklessness or criminal intent. A simple mistake, such as failing to yield, may not meet that standard. Consequently, many cases end with no charges.
Can a family file a lawsuit if prosecutors do not charge the driver?
Yes. A wrongful death lawsuit is separate from a criminal case. The driver does not need to be convicted for the family to seek compensation.
How long do we have to file a wrongful death claim in New York?
The general deadline is two years from the date of death. Claims against the city can have much shorter notice deadlines. Please confirm the exact dates with an attorney.
What compensation can families recover?
Families may recover funeral and medical costs, lost income, and loss of support and guidance. The amount depends on the facts of each case.
Do I need a lawyer for a pedestrian accident claim?
You are not required to hire one. However, these cases are complex. A lawyer can gather evidence, deal with insurers, and protect your claim.
Take the Next Step
The criminal justice system may not always respond the way families hope. Nevertheless, you still have options. If a negligent driver injured or killed you or a loved one, share your story…
Source: The New York Times, “Why Drivers Get Away With Murder,” Dana M. Lerner, Sept. 29, 2014