Details of the Fatal Accident
According to police reports, the livery cab had stopped in the middle lane when the woman unexpectedly exited the vehicle. She lost her footing and fell into the right lane, where she was struck by a Chevrolet Malibu driven by a 29-year-old man. Emergency medical responders rushed her to New York Presbyterian Brooklyn Methodist Hospital, but she did not survive. The driver of the Chevrolet remained at the scene, and no charges have been filed at this time.
Liability in Livery Cab-Related Accidents
While police indicated that the victim may have been intoxicated at the time of the accident, this does not automatically absolve other parties of responsibility. Multiple factors need to be considered in determining liability, including:
- Livery Cab Driver’s Responsibility: Did the driver follow proper safety protocols when letting the passenger out? Stopping in the middle lane of a heavily traveled roadway instead of pulling to a safer location could be considered negligent.
- Roadway and Traffic Conditions: The accident occurred on Flatbush Avenue, a notoriously congested thoroughfare in Brooklyn. Were there adequate streetlights and traffic controls in place?
- Other Contributing Factors: While the pedestrian’s condition may be a consideration, it does not eliminate the duty of care owed by drivers and livery services.
Preventing Future Tragedies
For-hire vehicle drivers must be especially vigilant when dropping off passengers in high-traffic areas. Pulling over to a designated curb, ensuring the passenger is fully out of harm’s way before moving, and remaining aware of surrounding traffic conditions are essential steps in preventing similar tragedies.
Pedestrians, particularly those who may be impaired, should exercise caution when exiting vehicles, avoiding lanes of active traffic whenever possible. More robust regulations requiring designated drop-off zones for livery and rideshare vehicles in high-risk areas could also help mitigate these types of accidents.
Legal Options for Families of Victims
When a loved one is killed in a pedestrian accident, their family may have legal recourse through a wrongful death lawsuit. Depending on the circumstances, liability could extend to the livery cab driver, the livery company, or even the city if hazardous road conditions played a role. An experienced Brooklyn car accident lawyer can investigate the case, determine liability, and help the family pursue compensation for funeral expenses, loss of income, and emotional suffering.
Contact a Brooklyn Car Accident Lawyer
If you or a loved one has been involved in a pedestrian accident involving a livery cab or other vehicle, it is crucial to seek legal advice as soon as possible. An experienced attorney can help navigate the complexities of liability and fight for the compensation you deserve.
For a free consultation, contact Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf at 212-943-1090.