Schenectady, NY asked in Wrongful Death for New York

Q: My father was on a motorcycle waiting at an intersection for a school bus with its stop sign out. He was hit and killed.

The driver was ticketed and charged with following too close, fined and that was the result. does this seem right? He does not get charged with killing someone?

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3 Lawyer Answers
Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY
  • Licensed in New York

A: I'm very sorry for the loss of your father. In terms of the charges, that could have been the decision of the the county district attorney. But that does not prevent you and your family from pursuing a wrongful death action. You could contact attorneys to discuss further. Attorneys who handle these types of cases generally offer free initial consultations. With sympathy, good luck

Tim Akpinar

1 user found this answer helpful

Michael David Siegel
Michael David Siegel
Answered
  • New York, NY
  • Licensed in New York

A: Whether to charge criminally is up to the police and DA. You filed this under wrongful death which is a civil lawsuit you can do, regardless of criminal charges.

Tim Akpinar agrees with this answer

1 user found this answer helpful

Jonathan R. Ratchik
Jonathan R. Ratchik
PREMIUM
Answered
  • New York, NY
  • Licensed in New York

A: So sorry for your loss. Whether the driver gets charged for his death is ultimately a matter of discretion for the police and district attorney's office. That said, the driver will probably be required to attend a fatality hearing where he will be questioned regarding the facts and circumstances surrounding the crash. Also, whether or not the driver is charged has no affect on whether you can bring a wrongful death lawsuit against the driver. Given that your father was rear-ended and the driver was issued a summons, liability would appear to be fairly straightforward.

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