Despite Lack of Criminal Charges, Justice Can be Found for Accident Victims
A thoughtful piece in the NY Times this week examines the lack of criminal charges in pedestrian accidents. According to the article, the NYPD’s Accident Investigation Squad only investigated 2 percent of the near-3,000 serious, nonfatal crashes in the city last year. While this can be chalked up to a lack of staffing, some say it simply isn’t good enough.
The accident squad is a crew of only 20. They are only tasked with investigating fatal accidents or those where it is likely the victim will die. In other cases, usually, no investigation takes place at all. This offers little solace to accident victims who are severely injured by reckless or distracted drivers.
In this city, where many of us put miles on our feet everyday, it’s not unusual for people to be hit as they cross the busy city streets. And often, when the pedestrian is crossing with the light; the driver simply defends themselves with a simple, “I didn’t see them,” and carries on.
As pedestrians, we can follow all of the traffic safety rules, be cautious of where we walk and who we step in front of, and even wear reflective clothing at night. But if we are hit by a car, and we survive, there will likely be no criminal consequences for the driver—even if they were drunk.
The Times points out two such cases. In one, officers investigating the death of pedestrian Clara Heyworth used improperly calibrated breath-testing equipment. While the driver had been drinking, the district attorney had to get rid of that evidence. In the other case, Michelle Matson was killed while riding her bike. The driver “appeared intoxicated” but no charges were ever dropped.
The City Council is looking into solutions, including a possible expansion of the traffic investigation squad and having officers at each precinct with expertise in accident investigation. For now, however, Police Commissioner Raymond W. Kelly says such measures are unnecessary.
When a driver breaks the law and it results in an injury to a pedestrian or another driver, we expect the police to get involved. But the facts simply don’t support this. Unless the accident is serious enough to kill someone or to injure someone to the point where officers think they might die, criminal consequences are unlikely.
Instead, accident victims must find justice elsewhere.
At Omrani & Taub, we help New Yorkers find justice for their injuries. We know what you go through when you are hit by a reckless, careless, or distracted driver. We know the pain and the anguish that goes with such an accident, and we believe you deserve better.
Contact our attorneys today to discuss your legal options. You could be entitled to compensation for your injuries, the medical costs, and your pain and suffering. Contact us by calling 212-529-7848 (that’s 212-LAW-SUIT).
