The trial got under way recently for the driver of a mail truck that fatally injured Marilyn Dershowitz last year in Manhattan. If convicted of leaving the scene of a fatal accident, he could face up to seven years in prison under New York law. The charge stems from an accident on July 2, 2011, when Mrs. Dershowitz, who was the sister-in-law of well-known Harvard law professor and defense attorney Alan Dershowitz, and her husband made the fateful decision to stay home and be “tourists” in their own home city.
Marilyn and Nathan Dershowitz were riding bicycles toward the Hudson River bike path that day when they came upon a congested area near a group of postal service buildings, according to the testimony of Nathan Dershowitz. Traffic was narrowed to one lane because of parked or slow-moving postal trucks. At some point, the couple became separated and Mrs. Dershowitz fell behind a bit. A few seconds later, her husband looked back to see a huge commotion where his wife had been run over by a mail truck.
The issue in the criminal prosecution is whether the driver of the truck knew, or should have known, that he ran over Mrs. Dershowitz. Only a jury can decide the answer to that query.
Manhattan Bicycle Accidents
Unfortunately the fatal bicycle accident was not an isolated incident. According to the New York State Department of Motor Vehicles, there were 6,276 bicycle-motor vehicle accidents in 2010. Of those accidents, 36 were fatal and 6,206 involved non-fatal injuries. Not surprisingly, all 36 fatalities were bicyclists. Of the personal injury accidents, 665 were classified as serious, 1,831 as moderate and 3,133 as minor. With New York set to begin a Bike Share program later this year, many people are concerned that the risk to bicyclists will only increase in the Big Apple.
Although a motorist may face criminal charges in a bicycle accident, a criminal prosecution does nothing to compensate the victim or surviving family members. A criminal prosecution is intended to punish someone for breaking the law, not to compensate a victim. For a victim or survivors to pursue compensation, they must turn to the civil court system.
The victim of a Manhattan bicycle accident may pursue compensation through a personal injury lawsuit or a surviving family member may be entitled to pursue compensation through a wrongful death lawsuit. In either case, the defendant must be proven to have been negligent. “Negligent” is not the same as “guilty” for the purposes of a criminal prosecution. A defendant could be acquitted in a criminal prosecution yet still be found negligent, or responsible, in a civil lawsuit.
Contact a New York and New Jersey Bicycle Accident Attorney
If the defendant is found to have been negligent, then the victim or surviving family members may be entitled to compensation for medical bills, lost wages, future lost income, loss of companionship and pain and suffering. If you have been injured or lost a loved one in a New York bicycle accident, contact the New York/New Jersey bicycle accident attorneys at Ginarte Gonzalez & Winograd to find out what legal options you may have. With six offices conveniently located in the New York/New Jersey metropolitan area, we have an office near you. For your free consultation, contact the firm today by calling 888-446-2783 or filling out our online contact form.