30-year-old Victoria Nicodemus died in December in an auto-pedestrian accident, according to authorities. The New York Times reported that Nicodemus was walking along a Brooklyn sidewalk when a sport utility vehicle jumped the curb and struck her along with two other people.
Wappingers Falls native dies from her injuries
Police stated that the driver of the sport utility vehicle, 39-year-old Marlon Sewell, was driving along Fulton Street and swerved to avoid crashing into a vehicle in front of him. His attempt to avoid a collision caused him to strike Nicodemus, who was out shopping with her boyfriend for ornaments to decorate a recently purchased Christmas tree.
Nicodemus was taken to Brooklyn Hospital, where she succumbed to her injuries. Her boyfriend and a 75-year-old woman were also struck by Sewell and hospitalized. They have been listed in stable condition, but their identifies have not been released yet.
Crash sparks calls for action in NY
The death of Nicodemus sparked numerous calls for increased action concerning street safety for pedestrians, which has been one of the focal points in Mayor Bill de Blasio’s administration.
“New Yorkers are supposed to be safe from traffic [on the sidewalk],” Paul Steely White, the director of Transportation Alternatives, said in a statement. He seeks to increase safety conditions for pedestrians on NYC sidewalks. This was the 20th fatality in 2015 caused by accidents of a similar nature.
Liability for pedestrian car-related deaths
New York is one of 12 No-Fault states, which means that any bicyclist, pedestrian, passenger, or driver who is injured in a car accident (and is insured) is entitled to compensation. This ensures that regardless of who’s at fault, the injured party may receive up to $50,000 for losses brought on by the accident.
Post-accident expenses may include:
- Ambulance and/or hospital expenses along with any associated medical bills
- Prescription drugs
- X-rays, MRI’s, and physical therapy
- Lost wages
This does not include compensation for claims that involved emotional loss, such as pain and suffering, which must be filed separately.
Stipulations concerning No-Fault compensation
There are a few stipulations in regards to No-Fault compensation. While the coverage does aide a number of victims, motorcyclists and those who were involved in drunk driving accidents do not apply—neither do Vespa or scooter riders.
If the following conditions are met, victims may seek No-Fault compensation:
- The accident must occur in New York.
- The victim must be a pedestrian, cyclist, driver or passenger that came in contact with the motor vehicle.
- Motorcycles are not covered. The vehicle in question must be covered by the New York No-Fault laws, such as a car, truck or taxicab.
- The vehicle is registered in the state New York.
- The vehicle must have an insurance policy.
If you have been injured in a pedestrian car accident in New York and would like more information concerning your rights and legal options, contact The Sanders Law Firm at 1-800-FAIR-PLAY to speak with one of our veteran lawyers. Our consultations are free and confidential, and we don’t collect payment unless you do.