Another personal injury case may be in the works for two students who were hit by a car on their way to school. The two teens were struck in Brighton Beach before the start of school. NY 1 reports that the driver Oliver Black, 54, is facing charges of "driving with a suspended license and having an unregistered vehicle" and vehicular assault.
Both Elizabeth Lopez and Brian Rosario, 17, had to be treated at a hospital. Luckily, their injuries were non-life-threatening.
It seems like if they filed a suit, it would depend on many things including where they were walking. If they were on the sidewalk and the car jumped the curb to hit them, or if they were in the cross walk, then their case might be a slam dunk; however, if they were jaywalking, it might be harder for them to prove that Black was at fault.
Other pieces of evidence that might work in their New York personal injury attorney's favor are the criminal charges that Black is facing. I would think that fault is easier to prove if he is found at fault in criminal court.
Also, by driving with a suspended license and an unregistered vehicle, Black seems to look like an irresponsible and reckless person. If he was willing to ignore those rules, what would stop him from driving recklessly and being at fault for the accident as well?
The best thing that Black could have done after the accident was stay at the scene. If he had fled, he would have gotten so many more charges, but since he stayed, he made this situation much better. This goes as a lesson for anyone: if you flee the scene, you become a criminal (even if it wasn't your fault) that has made your own life irreparably difficult.
If you have been the victim of a pedestrian accident, you can contact a New York personal injury attorney.
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