A dump truck that was making a right turn struck and killed 63-year-old Krystyna Naprawa, a crossing guard, who was working at a pedestrian crossing near a school in Queens. According to Streetsblog.org, the fatal pedestrian accident occurred at the intersection of Woodhaven Boulevard and Atlantic Avenue the morning of Oct. 20. NYPD said the truck driver was a 39-year-old man. NBC New York identified him as Hector Yepes. He was charged with failure to yield the right of way to a pedestrian and a failure to use due care, according to the news article. We offer our deepest condolences to the family members of Naprawa for their tragic loss. They will be in our thoughts and prayers.
Dangerous Intersection
Union representatives told Streetsblog that Naprawa was hit after helping four or five students cross Atlantic Avenue, a large street where unsafe driving is rampant. Naprawa had worked as a crossing guard since 2010, they said. The union representing crossing guards is calling on NYPD to hire additional guards for dangerous intersections like this one.
According to a Streetsblog investigation, drivers struck and injured 73 school crossing guards between 2012 and 2022. However, police have filed charges just against one-third of drivers in those 73 cases — mostly with minor traffic violations — Streetsblog reports. An investigation by the news site in 2022 also found school streets in the city to be uniquely dangerous with higher rates of car crashes and injuries compared to other city streets on school mornings and afternoons. The intersection of Woodhaven and Atlantic saw 12 crashes through the first nine months of 2023 resulting in seven injured vehicle occupants and one injured pedestrian.
Failure to Yield the Right of Way
Some of the deadliest pedestrian accidents occur in crosswalks and at street intersections. Failure to yield the right of way to pedestrians is one of the most common causes of vehicle versus pedestrian accidents in crosswalks and at street intersections. New York law requires drivers to come to a complete stop at a crosswalk where pedestrians are walking and wait until pedestrians have crossed the road and it is safe for them to proceed.
Impairment, inattention and/or distraction tend to be factors that are cited in such cases where a driver fails to see a pedestrian who is crossing at an intersection. When this occurs, the at-fault driver as well as his or her employer (if the driver was on the job at the time of the incident) can be held liable for the injuries, damages and losses caused. Some of the common injuries suffered in these types of accidents include traumatic brain injury, spinal cord damage, broken bones, internal organ damage, etc.
Contacting an Experienced Lawyer
Injured victims of car accidents and pedestrian accidents caused by speeding or reckless drivers can seek compensation from at-fault parties for damages including, but not limited to, medical expenses, lost wages and benefits, hospitalization, rehabilitation, permanent injuries, disabilities, past and future pain and suffering, etc. Families that have lost loved ones in pedestrian accidents can seek compensation for damages such as lost future income, medical and funeral costs, pain and suffering, etc.
If you or a loved one has been injured in a pedestrian accident, or if you have lost a loved one in an auto accident caused by a negligent (careless) driver, the experienced New York personal injury attorneys at the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options, and also fight hard to recover just compensation for you.
Pedestrian accident victims and their families should remember that they may be able to seek compensation for injuries or losses in collisions even if the victim was not walking in a marked crosswalk and even if the driver involved in collision was not charged. Our law firm recovered the full one million dollar insurance policy for a girl who was not in the crosswalk when a motor vehicle hit her.
For over 53 years, our skilled attorneys have established a proven track record of helping injured victims. Our law firm recently recovered $5,600,000 for a bicyclist who was hit by a van, and $2,550,000 for another victim of a truck accident, and $3,000,000 for a pedestrian who was hit by a car, and $2,000,000 in a hit-and-run accident, and the full $1,000,000 insurance policy for a pedestrian who was hit by a truck, and $4,625,000 for a driver who was in a car and was hit by a van, and $2,500,000 for a man who fell through an improperly secured hole. Also, one of our clients obtained a verdict for $43,940,000 and another of our clients got a verdict for $23,500,000, both in medical malpractice cases.
Please contact us TOLL FREE 24 hours a day, 7 days a week at 1-800-WORK-4-YOU (1-800-967-5496). WE CAN EVEN COME TO YOU. There is no attorneys’ fee unless we recover money for you. We can also help with personal injury, lead poisoning and medical malpractice cases including, brachial plexus palsy (Erb’s palsy) and cerebral palsy cases in New York, New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case.
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Source: https://nyc.streetsblog.org/2023/10/20/dump-truck-driver-kills-school-crossing-guard