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Pedestrian killed in vehicle accident in Queens

A man was killed in Queens in the early morning of July 5 after being struck by a red Ford Focus. The accident occurred near 92nd Street and Roosevelt Avenue. According to police, the man was crossing the street when he was struck by a drunk driver who then proceeded to hit a parked car. The pedestrian was pronounced dead at the scene.

The 42-year-old driver of the Ford was charged with vehicular manslaughter, criminally negligent homicide, DWI and aggravated unlicensed operator. Police say the man has had a prior DWI conviction. He and a 35-year-old female passenger were taken to Elmhurst Hospital. They were reported to be in stable condition, according to authorities.

A pedestrian accident could result in serious injury or death. Drivers are expected to show caution around pedestrians, and they are usually expected to give pedestrians the right-of-way. This is especially true when the pedestrian is in a crosswalk or walking in other lawful areas.

When a fatal accident involving a pedestrian does occur, the family of the pedestrian may file a wrongful death lawsuit against the negligent driver in the accident. A lawsuit could be filed in addition to any criminal charges against the driver, which is considered separate from them. Similar evidence such as police reports or witness testimony could be used in both cases. The wrongful death lawsuit may attempt to claim monetary compensation for the loss. The court may calculate an amount based on how much the deceased person would have made throughout the remainder of their lifespan. Direct expenses, such as medical or funeral costs, could be included as well.

Source: CBS New York, "Driver Charged Following Crash That Left Pedestrian Dead In Jackson Heights", July 05, 2014

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