James R. Richardson hit a taxi being driven by Gustavo E. Leyva at around three in the morning. Mr. Leyva was had Charles McNeil and Yvonne Foss for passengers when the vehicles collided. The head on collision occurred at Major Deegan Expressway in the Bronx. A witness said, the fatal car accident killed both drivers and the passengers had severe injuries. The taxi was under Drah Cab Corporation.
A case was filed for a wrongful death and two personal injuries. Mrs. Ann Leyva as the administratrix of her husband’s estate and personally filed a wrongful death action against Abraham Levy, Public Administrator of Bronx County in his capacity as administrator. The same case as well against the City of New York based upon the alleged negligence of Mr. Richardson and the City. Mr. McNeil and his wife, Angelina together with the other passenger Ms. Foss filed personal injury claims against Drah Cab Corporation, Mrs. Leyva as the administratrix and the City of New York in their claim of negligence on their part.
In a joint trial, jury decided that Mr. Richardson 75% negligent, Mr. Leyva and Drah Cab Corporation 15% negligent, and the City 10% negligent. After, the court granted the petition of the State to dismiss the verdict against them. According to a source, this made Mr. Richardson’s liability to 83% and the liability of Mr. Leyva and Drah Cab Corporation to 17%.
In the review of the evidence submitted and the testimonies, the Supreme Court Appellate Division highlighted some information. The first was the exit where Mr. Richardson entered. There are two ramps one leads west and the other one heads north. The one going north is leads to the Expressway’s service road. A study found out that, twelve years prior, a Do Not Enter sign was placed on the ramp that goes to the west, or the Park ramp, but no sign was placed for the Service road ramp. To prevent vehicles from entering it, it had a double yellow line. This to the court already started an issue. At the time of the accident, there were two plain clothes policemen, Police Officers Paul Wishrad and Arthur Schwartz who was travelling behind Mr. Richardson’s car. They said Mr. Richardson stopped at the traffic light at the exit ramp and there was nothing unusual about his driving. When the light went green he drove to the Park exit at the speed of 20- 25 miles per hour. The officers tried to get his attention but instead of stopping he accelerated. They did not pursue immediately as it was also not safe and a few minutes after the accident occurred. According to a pre-trial transcript read by a judge, in the pre-trial testimony Police Officer Wishrad said that Mr. Richardson entered the Service Road ramp, which was the one unmarked. This was even supported as the officer said he followed the path of Mr. Richardson. The court then found the State as also negligent. Together with the alcohol levels -DWI- in Mr. Richardson’s blood found when he was examined, the court granted another trial to determine the division of the shared negligence of the parties.
When a lot people are involved in vehicle accident, sometimes it is already difficult to track, which are the pertinent details. In some instances an error happens. This is why you need a New York Car Crash Lawyer who has an eye for detail and quick to catch with things. They will be the one who will make sure that you get what is yours by right. It does not matter if it is the State that was at fault.
We at Stephen Bilkis & Associates only employ the best Car Crash Lawyers. Whether you are a direct party to an accident or you are indirectly involved, call us at 1-800 NY – NY- LAW. We will give you a free consultation and give you your options. If you can get compensation, we will go for that. We have offices all over New York and Long Island if you want to walk in.