Authorities report that a pedestrian was struck and killed in New York in an alleged DWI crash in the early morning hours of July 5. The 42-year-old male driver and his 35-year-old female passenger were transported to the hospital in stable condition.
According to New York law enforcement officials, the driver of a red Ford Focus struck the male pedestrian as he crossed the street, and then he hit a parked car. EMS pronounced the victim dead at the scene. A witness reported that he heard the cars crash, and then he saw the "dead body."
Police report that the driver has been charged with vehicular manslaughter, criminally negligent homicide, aggravated unlicensed operator and driving while intoxicated. He reportedly has previous convictions for DWI.
When an impaired driver causes a fatal accident such as this, several parties may be deemed liable. Attorneys will investigate the driver of the vehicle but will also investigate to determine whether or not to bring a claim against the entity that served alcohol to the driver. In New York, it is unlawful to make a sale of alcohol to a person who is already visibly intoxicated, and a merchant who does so can be held accountable for contributing to the driver's inability to drive.
In this case, the driver of the vehicle can be deemed liable if it can be proven that his blood alcohol was over the legal limit of .08 percent alcohol by volume. In addition to the blood alcohol level, investigators will consider any evidence of impairment from field sobriety tests. In addition, the family of the pedestrian can bring a claim for wrongful death if litigators can prove that the driver acted negligently or recklessly and that this caused the death.
Source: CBS New York, "Driver Charged Following Crash That Left Pedestrian Dead In Jackson Heights", July 05, 2014