Craig Rosenbaum | October 10, 2011 | Wrongful Death
A New York City police officer faces several charges after he allegedly hit and killed a male pedestrian in a fatal accident recently.
The 25-year-old officer barely had a year of police duty under his belt before the accident. He was driving a 2011 Honda Accord close to 241st Street on White Plains Road during the early morning when he allegedly killed the 22-year-old pedestrian.
The driver remained at the scene for the accident investigation where it was discovered he may have been drinking. Officers stated they could smell alcohol and described the man as having “watery and glassy eyes.” While in custody, he took a breathalyzer test and his reported blood-alcohol concentration was .07 percent. According to state law, a blood-alcohol concentration of more than .05 percent is legal evidence that a driver is impaired.
The individual was charged with DWI in addition to vehicular manslaughter and criminally negligent homicide.
Even police are not above the consequences for breaking the law, but the family of the victim likely feels this is more than just a criminal case. The victim’s family may choose to initiate a wrongful death lawsuit to recover monetary damages for the negligent and wrongful acts of the irresponsible driver.
In New York, personal injury law is complicated and can easily confuse or even intimidate family members who have just lost a loved one. The victim in this case is not able to fight for his rights, though his family will most likely make that fight to achieve some sense of justice. A Bronx attorney who is experienced in personal injury law and also knowledgeable about practice and procedure in Borough courts may offer support and guidance as the family seeks to hold the man accountable for his negligent and perhaps reckless actions.
Source: The New York Post, “Cop nabbed in fatal ‘DWI’,” Josh Saul and Jamie Schram, Sept. 15, 2011