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Another pedestrian accident: Business owner killed in crosswalk

Although the number of pedestrians killed in traffic accidents went down the prior two years, the figures for this year are running high, with 20 pedestrians and three cyclists killed sp far. There have also been more than 900 pedestrian injuries in New York City accidents this year. The apparent rise in pedestrian accident numbers raises new doubts that the Vision Zero program is on track to eliminate such deaths by 2024.

A 77-year-old woman was the founder and owner of a fashion jewelry business that she started more than 35 years ago, building it from one employee to 50 currently. The business is located near the accident site; she reportedly was headed to work at her showroom on the 12th Floor of 26 West 36th Street. She was crossing Madison Avenue near 36th Street slightly after 8:30 a.m. on Feb. 9 when she was struck down by a black livery cab operated by a 49-year-old man.

The authorities arrested the driver and charged him with failing to yield to a pedestrian and failing to exercise due care. Police reported no prior arrests but said that he had received 10 traffic citations since the beginning of 2015. Photos of the scene taken after the accident depict a black livery cab sitting on its side in the middle of the crosswalk on Madison Avenue.

It appears that the decedent was crossing in a crosswalk in the middle of the block and on a straight street where there were no curves or turns. The driver likely breached his duty to keep a careful watch on the roadway ahead of him and to prevent a pedestrian accident and injury, which constitutes negligence. The decedent's estate is entitled under New York law to make a claim for wrongful death damages against the driver and his employer. 

Source: The New York Times, "Woman, 77, Fatally Struck by Livery Cab in Midtown", Noah Remnick, Feb. 29, 2016

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