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Pedestrian Alleged to be at Fault for Own Death

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In 2013, a retired Spanish teacher was crossing the street in Williamsburg, New York when he was struck by a New York Police Department van being driven by an on-duty officer.  The pedestrian was crossing within the designated crosswalk and purportedly had the walk signal when the NYPD officer pulled into the intersection to turn left and struck the pedestrian at a high speed, causing severe injuries including head trauma that led to his death later that night.  The family of the victim brought suit against the NYPD, the city, and the officer driving the van, alleging the driver was reckless, on her cell phone, and failed to yield.  The attorneys for the defendants accuse the pedestrian of being at fault for the collision, stating he assumed the risk of crossing the street and "knew or should have known in the exercise of due/reasonable care of the risks and dangers incident to engaging in the activity alleged."  The attorneys have resisted providing requested and relevant materials, including witness statements, that could assist the victim's family with their lawsuit.  The case is ongoing.

Category: Pedestrian Accidents & Injuries

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