Craig Rosenbaum | December 5, 2013 | Car Accidents
There are a number of factors that can lead to a car accident. Attempting to identify a potential cause of a car crash can help New York drivers, passengers and their families affected by such incidents identify whether they potentially can obtain compensation for the losses that they have suffered.
The accident occurred on 98 Street in Howard Beach in the early morning. A 23-year-old driver slammed his vehicle into another car, which was driven by a 39-year-old man from Queens. The Queens man also had a 37-year-old passenger in the vehicle at the time of the accident. The 39-year-old driver died. Accident responders used the Jaws of Life to pull the man out of the car, but he died shortly thereafter in the hospital. Fortunately, the other man is in stable condition. The cause of the accident appears to be drunk driving. Police claim that the man appeared drunk, but refused to submit to a breathalyzer test at the scene.
New York law is clear that drivers cannot operate vehicles while under the influence of alcohol. Doing so can result in traffic citations and criminal charges.
Evidence of drunk driving can also support a civil action against the responsible party. An individual who is hurt in a drunk driving accident or a family who loses a loved one in such an accident has civil remedies to recover for their losses. They may be eligible to file a claim based on negligence. One of the elements that victims must demonstrate is breach of a duty. One duty that all drivers have is to drive reasonably.
To evaluate reasonableness, plaintiffs rely on existing laws. Demonstrating that a driver violated a law can serve as evidence of a breach of the driver’s duties.
Car accidents can be devastating. Learning how to evaluate them — including identifying causes like drunk driving — can help lead to quicker recoveries.
Source: New York Daily News, “‘Drunk’ driver kills man, injures another in horrific Queens crash: cops,” Joseph Stepansky and Barry Paddock, Nov. 20, 2013