N.Y. Law Seldom Gives Recourse to Families of Those Killed by Careless Drivers

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N.Y. Law Seldom Gives Recourse to Families of Those Killed by Careless Drivers

A recent article by the Daily News tells the harrowing stories of several families from all over the City who’ve lost loved ones due to negligent drivers, and many of them feel that justice has not been served. In many cases, crashes that kill others caused by negligent drivers only result in fines and misdemeanors here in New York State. In fact, according to the Department of Motor Vehicles, 276 people were killed in crashes in 2021, but only 110 were considered criminal acts. Another harrowing statistic shows that out of those 110 cases, only 70 people were arrested, and only 10 of those people faced vehicular homicide, vehicular manslaughter, and vehicular manslaughter in the second degree.

Though you’d think that the state’s vehicular manslaughter charge would apply to virtually all cases where a person unintentionally kills another while driving, the law states that the charge only applies when the driver is in an “intoxicated condition” (i.e. under the influence of drugs or alcohol) and the “intoxicated condition” causes the driver to crash, resulting in the death of another person.

Unfortunately for families of those who’ve lost loved ones due to the carelessness of others, they often are left having to deal with the fact that the loss of their loved one’s life somehow didn’t even warrant any amount of jail time.

That said, though NY criminal court may not provide these families with a route to justice, civil court, in some cases, can–or it may at least help them get some sense of justice. In New York, when a plaintiff can prove that their loved one lost their life as a result of another driver’s negligence, they may hold the individual civilly liable via a wrongful death claim. Though this may not provide the full scope of justice, and certainly is no substitute for their loved one’s presence, it can provide recourse, at least to some extent.

If your loved one lost their life or you were seriously injured at the hands of a reckless driver, our firm will do everything in our power to hold the right parties accountable.

CONTACT OUR EXPERIENCED NEW YORK CITY FIRM

Our entire legal team is dedicated to providing the advice you need and the personalized attention you deserve. If you have been injured due to another party’s negligence, call 212-421-0300 or fill out our contact form to schedule a free consultation with a New York City personal injury lawyer. You may be entitled to financial compensation, which can help you on your road to recovery.

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Whether you need a car accident lawyer or legal representation for any type of accident, the NYC personal injury lawyers at The Law Office of Richard M. Kenny can help. Located in New York City, we've helped thousands of individuals throughout the Bronx, Brooklyn (Kings County), Manhattan, Queens and Nassau County recover the compensation they need to receive proper medical care, treatment and quality of life after serious injury.

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