${site.data.firmName}${SEMFirmNameAlt} Firm Logo
Call Us Today
212-285-3800
877-265-4065
View Our Practice Areas

Fatal accident without criminality may allow monetary claim

There is some controversy over whether a taxi driver should have received criminal charges for the December accident in New York City where his cab killed a 22-year-old woman at W. 51st Street and Eighth Avenue. Some criticism has been leveled toward Manhattan District Attorney Cy Vance for not bringing charges. However, the family of the victim who died in that fatal accident are nonetheless entitled to bring a civil claim for wrongful death monetary damages against the driver and the taxi cab company.

The difference between what it takes to prove a criminal case for vehicular manslaughter or a similar crime and what is required to establish civil liability to the victim's family is quite substantial. It takes evidence of something that goes beyond mere negligence to prove a criminal intent sufficient for a vehicular homicide conviction. However, to establish a wrongful death claim for money damages under the civil law, it only takes what is called a preponderance of the evidence.

That means that the plaintiff in a civil case for personal injury or death damage only has to show that it was more likely than not that the defendant was the negligent cause of the accident. This is sometimes illustrated by plaintiff attorneys as a two-sided scale tipping "ever so slightly" to one side. When that slight tipping is toward the existence of negligence and causation, then the defendant will be found liable to pay damages.

One can see that this is not a relatively tough burden to meet. Victims of negligent drivers in New York who are seriously injured, or the families of those deceased victims, can best pursue a claim for monetary damages by consulting with an experienced personal injury attorney. Regardless of whether the defendant was reckless enough to be convicted of a criminal act arising out of a fatal accident, injured victims are well advised to act quickly to pursue their claim for monetary damages.

Source: streetsblog.org, "NYC Drivers Killed at Least 16 People on Sidewalks and in Buildings in 2015", Brad Aaron, Jan. 7, 2016

No Comments

Leave a comment
Comment Information

Over $1. 5 Billion Recovered For Clients We have a history of winning large verdicts and settlements for our clients.

  • $21 Million

    Bronx jury awarded 50 year-old truck driver who slipped and fell on loading platform
  • $12 .6 Million

    Manhattan jury awarded women injured in a New York City bus accident
  • $11 .8 Million

    Brooklyn jury awarded to a 62-year-old man who was struck by a New York City police car
  • $10.2 Million

    Brooklyn jury awarded 41 year-old man for back injuries received in a car accident
  • $10 Million

    Queens recovery for wrongful death
  • $9 .7 Million

    Bronx jury awarded 63 year-old school custodian worker for burns received from faulty water heater
  • $9 Million

    Jury award to driver for back injuries that resulted from a motor vehicle accident
  • $8 .7 Million

    Queens 52 year-old man awarded for injuries sustained in motor vehicle accident with two tow trucks
  • $8 Million

    Manhattan jury awarded woman for back injuries sustained from a kitchen ceiling collapse
  • $7 .7 Million

    Brooklyn settlement boy struck by school bus
  • $7 .5 Million

    Brooklyn jury awarded 2 Brooklyn women for injuries sustained in accident with NYC Transit bus
  • $5 .85 Million

    Awarded for injuries sustained in a construction accident
  • $5 .5 Million

    Queens awarded family of man run over and killed by Port Authority Bus
  • $5 .25 Million

    Brooklyn settlement due to landlord negligence and injuries due to fire
  • $5 Million

    Suffolk County settlement fall down
  • $5 Million

    Orange County Car accident
  • $4 .6 Million

    Brooklyn recovery for 58 year old pedestrian struck by NYPD police car
  • $5 .5 Million

    Brooklyn; Hasidic man hit by police car, shoulder fracture brain injury, hearing loss
  • $3 .2 Million

    Settlement for woman who was struck by car while crossing the street
  • $3 Million

    Brooklyn Construction accident by laborer
  • $1 .375 Million

    Brooklyn settlement for our client who tripped on a raised sidewalk

Email Us For Your Free Case Evaluation

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Office Location
150 Broadway
New York, NY 10038

Toll Free: 877-265-4065
Phone: 212-285-3800
New York Law Office Map