A public school student is dead after being struck by a livery cab, according to local sources. New York police are still investigating the particulars of the fatal car accident that claimed the life of a 12-year-old boy on the afternoon of May 6. So far no charges have been filed, but further investigation could change that.
According to eyewitnesses, the boy was crossing the street at approximately 3:30 p.m. when the accident occurred. A livery cab driven by an unidentified driver may have been speeding when the collision occurred. Apparently the cab struck the boy head-on and sent him airborne, causing serious head and body trauma.
The boy was rushed to a local hospital, where he was pronounced dead later that day. The cab driver was apparently uninjured in the crash. For the moment, he has received no tickets and faces no charges, but police are in the process of testing the brakes on his vehicle to determine whether he could have stopped before striking the child. The allegations of speeding are also still under investigation as of this report.
New York traffic law defers to the pedestrian in most cases, particularly in incidences in which speeding is a factor in a fatal car accident. If police are able to determine the driver was speeding at the time of the crash, it is possible he might face charges related to the death of the boy. Regardless of the outcome of any criminal trial, the boy’s family will be entitled to file a wrongful death lawsuit against the driver and possibly the cab company as well, if evidence that he was speeding is unearthed.
Source: CBS New York, “Boy, 12, Dead After Being Hit By Livery Cab In Hamilton Heights“, May 6, 2015