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Family Of A Pedestrian Killed In An Accident Is Poised To Sue The City

In many cases, the driver who caused an accident is usually declared to be at-fault in an accident. In some states, a jury may assign a percentage of fault to each person involved. However, a recent ruling in New York’s highest court may make it possible for victims and their families to hold local and state agencies responsible, particularly if a street or an intersection is dangerous based on flawed design. The law states that a higher threshold of immunity for governments can be waived when the jurisdiction fails to complete a proper traffic study after being notified of a dangerous design flaw on public roadways. 

CBS Local New York reports that a deadly pedestrian accident in Bay Ridge left a man dead and his dog seriously injured. 

The accident occurred last Thursday at about 7:00 P.M. near 4th Avenue and 101st Street in Bay Ridge, Brooklyn. 

66-year-old Frank Delcolvenaere was walking his 9-month-old pit-bull mix, “Stormy.” According to witnesses, the Mercedes being driven by a 19-year-old was speeding when it hit Delcolvenaere, killing him. 

Witnesses found Delcolvenaere’s body just a few feet away from the scene. 

Despite being seriously injured, Stormy ran back home to alert Delcolvenaere’s family. Stormy was in the hospital in intensive care at the vet’s office for nearly a week. She suffered from a concussion, bruised ribs, and a broken pelvis in the accident. 

The family has filed a notice of claim against the city, which must be done before a lawsuit is filed. Last year, another pedestrian was injured at the same intersection. Residents of the neighborhood say the intersection has been a problem area for a long time. 

Records also indicate that the car involved in the accident had four speed camera violations since August. The driver has not been charged.

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