Hit-and-run collisions can cause almost as much mental anguish as physical injury because the person who caused the accident may not be identified by police, and no one can be held responsible for the injuries or death that were the result of the collision. A recent hit-and-run accident in the Astoria section of Queens proved a welcome exception to this scenario.
The incident
At about 9:30 p.m. on April 10, Officers from the 114th Precinct responded to a 911 call concerning a hit-and-run collision involving an e-cyclist and the driver of a BMW. The police investigation determined that a person riding a Citi e-bike was traveling north on 21st Street. As he approached the intersection of 21st Avenue, he was struck by a male driving a 2022 BMW X7 SUV southbound on 21st Street. The driver of the SUV did not stop and continued southbound. The BMW was found by police a short time after the accident at the intersection of 23rd Street and 22nd Drive.
The police officers who were the first to arrive on the scene found the victim lying in the roadway with severe injuries to his body. He was rushed to NYC Health+Hospitals/Harlem, where he was pronounced dead.
Identifying the suspect
The NYPD’s Highway Collision Investigation Squad was able to identify the driver of the BMW, and he was arrested without incident a short time later and brought to the 114th Precinct Station House. He was charged with leaving the scene of an accident resulting in death, driving without a license, and driving with a tinted windshield.
Determining fault
Based upon early reports, the driver of the BMW appears to have been at fault for this accident. The cyclist may be assessed with a small share of fault, depending on whether he attempted to avoid the collision. The family of the victim has a strong case for wrongful death damages against the driver of the BMW.
Further investigation may reveal facts that will strengthen the family’s case. Anyone who has lost a family member under similar circumstances should evaluate the evidence. An assessment of the likelihood of prevailing in an action against the BMW driver and assistance in commencing a lawsuit against the parties who are liable for the accident may make a big difference to you personally.