A speeding driver ran over two people in an intersection, crashed into several parked cars, and immediately fled the scene on foot, according to law enforcement.
41-year-old Delmer Maldonado and 56-year-old Israel Turcios were on foot at the intersection of Chestnut Street and Fulton Street in Brooklyn, New York when an unidentified man driving an Acura TL sedan hit both men. The vehicle then careened into two unoccupied cars under the J-train tracks. Maldonado was declared dead at the scene. Turcios initially survived the car accident and was rushed to a nearby hospital, but doctors were unable to save him. The NYPD is now actively investigating the hit-and-run accident and looking for clues.
In an unrelated incident, 35-year-old Corey Jordan reportedly rear-ended another vehicle at the intersection of Donizetti Place and Baychester Avenue in the Bronx. The initial collision triggered a five-car pileup, in which two women in other vehicles suffered serious injuries.
Jordan now faces a variety of charges stemming from the incident, including Driving Under the Influence (DUI) and reckless endangerment.
Elements of Negligence Claims in New York
In most negligence cases, the plaintiff must establish five elements: duty, breach, cause-in-fact, proximate cause, and damages. If the plaintiff can establish these crucial elements of their case, they may be able to obtain compensation.
Some of these elements are fairly straightforward; for example, duty is defined as a matter of law and the plaintiff would probably not have filed a lawsuit if there were no damages.
Breach is one of the most critical elements in a personal injury lawsuit based on negligence. There are essentially three ways that drivers can breach the duty of reasonable care:
- Operational: Some drivers fail to properly maintain their vehicles, drive while they are distracted, or violate a written or unwritten “rule of the road.”
- Environmental: If visibility is restricted, the roads are slick, or the driver is not operating in familiar territory, they have a duty to slow down even more and take extra precautions.
- Behavioral: This category includes events that occur before the tortfeasors (negligent drivers) get behind the wheel, like consuming alcohol or not getting enough rest.
The plaintiff in a car accident case must also prove that there was a legal and factual link between the breach and the damages. If the plaintiff sustained a serious injury, these damages can include compensation for both economic losses (such as medical bills) and noneconomic losses (like pain and suffering). Punitive damages are also available, in some cases.
Although the facts are often different, the legal elements of a negligence claim typically remain the same. For a free consultation with experienced attorneys who know the law, contact Proner & Proner today. We do not charge upfront legal fees in personal injury matters.