On July 14, 2016, Frances Speranza, an 84-year-old woman, was simply crossing the street as many pedestrians do. But as she walked within the crosswalk, she was unexpectedly struck by an SUV, who had a green light and was turning across the crosswalk. After the accident, Speranza was rushed to Albany Medical Center and was treated for multiple broken bones and a brain injury, which was classified by the hospital as, “substantial but non-life threatening injuries.”
On August 3, 2016, tragically, Speranza passed away at Albany Medical Center.
Although the resulting investigation of the accident has not led to any arrests, it is important to note that under New York Vehicle and Traffic Law, a driver must yield to any pedestrian crossing in a marked crosswalk. According to investigators, the driver of the SUV has been fully cooperative and claims she never saw Speranza. Additionally, it was found that no drugs or alcohol were involved in the accident.
Although some pedestrian accidents, like this one, do not result in a criminal arrest or conviction, this does not leave a victim or the family helpless. Bringing a civil case in the form of a wrongful death claim, against the person who caused the accident may still be a viable option. Every victim of a pedestrian or bicycle accident has a right to have the case fully investigated to determine whether or not a civil action should be pursued. Families who have lost loved ones also have the right to pursue a claim on behalf of the estate of the decedent. This is why we always recommend that the family or a person involved in a pedestrian accident or bicycle accident immediately contact an attorney. Here at LaMarche Safranko Law, we advocate for families and victims of pedestrian and bicycle crashes.
If you or someone you know has been a victim of a pedestrian or bicycle accident, contact us today for a free consultation.