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Fatal Auto-Pedestrian Crash In East Flatbush

A car struck and killed an 85-year-old man as he was crossing the street about a block from his home in Brooklyn.
The crash took place at the intersection of East 95th Street and Linden Boulevard. Joseph Hippole was crossing from the north side to the south side of Linden, when an eastbound vehicle operated by a 25-year-old driver, whose name was not released, hit him. Judging from evidence at the scene – serious damage to the passenger front side and the windshield – the driver may have been moving at a high rate of speed. Mr. Hippole was rushed to a neighboring hospital, where he was later declared dead.
The driver remained at the scene and police are conducting an investigation.
Legal Issues in Pedestrian Crashes
Liability in these matters is normally clear-cut if the pedestrian was inside a marked crosswalk and travelling with the light. But in most of these situations, these facts are not present. So, the insurance company nearly always tries to shift the blame to the victim, to the greatest extent possible. A familiar argument is that the pedestrian “darted” out into traffic without looking both ways. Although that argument would obviously not be convincing in the case of an 85-year-old man, it can sometimes be compelling, especially if the victim was a child.
Fortunately, New York has a very liberal comparative fault law that always allows victims to recover damages in proportion with the defendant’s fault. To raise the issue, the defendant must first present evidence of contributory fault, because mere speculation will not suffice.
Then, the jury must apportion fault between the plaintiff and defendant in a percentage basis. Assume that the jury finds that the damages were $100,000, the plaintiff was 50 percent at fault, and the defendant was 50 percent at fault. In that case, the plaintiff would receive $50,000. But in most other states, the plaintiff would receive nothing, because the defendant must be at least 51 percent at fault for the plaintiff to recover damages.
Pedestrian crashes nearly always involve complicated legal issues. For a free consultation with attorneys who know the law, contact our office. Offsite and hospital visits are available.

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Mitchell Proner is an amazing and very experienced trial lawyer, who takes care of his clients. He represented me in a car accident case, kept me very informed during the lengthy legal process and got me the settlement that I expected. His friendly office staff was always willing to assist and answer any questions I had. I recommend Mitchell Proner to all my friends and family!

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