Woman in wheelchair struck in Brooklyn car accident
Brooklyn, NY – Local news for Brooklyn reported on a motor vehicle accident that resulted in fatal injuries for a woman in a wheelchair.
Elderly woman dies after being struck by SUV
A tragic incident unfolded in Kensington, Brooklyn, as a woman in a wheelchair lost her life when an SUV struck her while she was crossing the street [1]. The incident occurred on a Sunday at around 1:30 p.m. at the intersection of McDonald Ave and Webster Ave. Authorities are currently working to piece together the exact sequence of events leading up to the collision.
The victim, identified as 68-year-old Joyce Greenberg, sustained the fatal injuries at the intersection and was immediately rushed to Maimonides Hospital. Tragically, she was pronounced dead shortly after arrival. The driver of the SUV, a 73-year-old individual, remained at the scene of the auto accident. The driver’s sister, Maureen Sardinha, who was seated in the front passenger seat, recalled the tense moments after the incident when she was unsure whether to provide medical assistance due to the instructions from the police.
Joyce Greenberg, known for her independence and active lifestyle despite her wheelchair, resided in a group home and was described by fellow residents as a determined individual who refused to let her physical condition hold her back. She was a familiar presence in the neighborhood, frequently navigating the local streets.
Following the collision, law enforcement gathered evidence from the scene before towing away the SUV involved and the damaged wheelchair. The area was subsequently cleaned as friends and acquaintances paid their respects to the deceased.
As of now, no charges have been filed in connection with the incident. The investigation continues to ascertain the circumstances surrounding the collision and determine any potential legal actions. The community mourns the loss of Joyce Greenberg, remembering her as an inspiration for her resilience and zest for life, despite the unfortunate circumstances leading to her untimely passing.
Car Accident Lawsuits Under New York Law
Car accidents are an unfortunate reality that can lead to significant physical, emotional, and financial burdens. In the state of New York, the legal system provides a framework for individuals involved in car accidents to seek compensation for their losses through personal injury lawsuits. Understanding the key aspects of car accident lawsuits under New York law is essential for anyone navigating the aftermath of a collision.
No-Fault Insurance System:
New York operates under a no-fault insurance system, which means that regardless of who is at fault for the accident, individuals involved in a car accident generally seek compensation from their own insurance provider. This system aims to streamline the claims process and ensure that medical expenses and lost wages are covered promptly, regardless of fault. However, there are exceptions to this rule, and in cases of serious injury, the injured party may step outside the no-fault system to file a lawsuit against the at-fault driver.
Serious Injury Threshold:
To step outside the no-fault system and file a lawsuit against the at-fault driver, the injured party must meet New York’s “serious injury” threshold. This means that the injuries sustained must meet certain criteria, such as death, significant disfigurement, bone fracture, permanent limitation of use of a body organ or member, and more. Proving that an injury qualifies as “serious” is crucial to pursuing a personal injury lawsuit.
Comparative Negligence:
New York follows a comparative negligence rule, allowing individuals to seek compensation even if they were partially at fault for the accident. However, the compensation awarded is reduced by the percentage of fault assigned to the injured party. For example, if a court determines that the injured party is 20% at fault and the total damages are $100,000, the compensation awarded would be reduced to $80,000.
Statute of Limitations:
In New York, there is a specific timeframe within which individuals must file a personal injury lawsuit after a car accident. This timeframe is known as the statute of limitations. Generally, individuals have three years from the date of the accident to file a lawsuit for personal injuries. Failing to file within this timeframe could result in the case being dismissed by the court.
Evidence and Proof:
Successful car accident lawsuits require gathering and presenting compelling evidence to establish fault and the extent of damages. This may include police reports, medical records, eyewitness testimonies, expert opinions, and more. The burden of proof lies with the injured party, who must demonstrate that the other driver’s negligence directly caused their injuries.
Settlement vs. Trial:
Car accident lawsuits can be resolved either through a settlement or a trial. Many cases are settled out of court through negotiations between the parties involved, their legal representatives, and insurance companies. Settlements offer a quicker resolution and certainty over the outcome, but they may not always fully compensate the injured party. If a fair settlement cannot be reached, the case may proceed to trial, where a judge or jury will determine liability and damages.
Navigating car accident lawsuits under New York law can be complex, requiring a comprehensive understanding of legal principles and procedures. It’s advisable for individuals involved in car accidents to seek legal representation from experienced personal injury attorneys who can guide them through the process, protect their rights, and help them pursue the compensation they deserve. Whether through negotiations or litigation, the goal is to secure a resolution that provides adequate compensation for medical expenses, lost wages, pain and suffering, and other damages incurred as a result of the accident.
Car accident attorneys are available
Gitelis Law Firm is available to provide more info to those involved in auto accidents in Brooklyn.
USAttorneys.com is a referral service for people who need legal advice. They can be contacted at 800-672-3103
Firm contact info:
Gitelis Law Firm
2004 Coney Island Avenue, Brooklyn, New York 11223
(347) 462-1388
https://gitelislawoffices.com/
Sources:
- https://abc7ny.com/nyc-brooklyn-wheelchair-accident-kensington/13538509/
