Crash Blamed On Medical Emergency Strikes Scaffolding, Boy In Brooklyn
In many car accident cases, the issue of fault is pretty straightforward. This can be especially true when a traffic violation leads to a wreck. However, in cases where the driver suffered from a medical emergency in the moments just before the accident, liability becomes less clear. Most states recognize “sudden medical emergency” as a defense when an unforeseen medical emergency causes an accident. The rationale behind this is that a person suffering from a medical emergency that causes a crash was not acting negligently at the time of the incident. State statutes vary when it comes to proving the sudden medical emergency, but they almost always require a loss of consciousness.
NBC New York reports that a driver that crashed onto a sidewalk and then into scaffolding may have suffered from a medical emergency.
The incident happened just before 3 p.m. on Tuesday afternoon in Brooklyn. According to police, an SUV jumped the curb and slammed into scaffolding.
10-year-old Enzo Farachio was walking near a bus stop on Ocean Avenue, looking down at his cell phone. The car moved through a traffic light before jumping the curb and striking the boy, then hitting the scaffolding.
Part of the scaffolding came tumbling down onto the SUV. It was outside a six-story structure that was undergoing renovations. The SUV was left lodged beneath the structure.
The 50-year-old driver and his 8-year-old daughter were rushed to a local hospital. Police say that the driver may have suffered from a medical emergency leading to the crash.
Farachio suffered from neck and back trauma. He was rushed to New York Community Hospital, where he was pronounced dead.
The crash shut down a number of surrounding streets, including Ocean Avenue between Avenue K and Avenue M.