Not all fatal accidents are the result of a criminal act. However, even if the case is not initially considered to be one that will support criminal charges, civil citations may still be forthcoming if New York police believe that the driver in the fatal accident violated the Vehicle and Traffic Law of our state. A woman has been issued such tickets in a traffic accident that involved the death of a 14-year-old boy.
The accident happened back in the middle of September. At around 8 a.m., a 14-year-old boy was riding his bike to school when he was struck by an SUV driven by a 60-year-old woman. The boy was pronounced dead at the scene of the accident.
As a result of the police investigation into the crash, police issued two tickets to the woman. One ticket is for reckless driving, while the other is for an unsafe change of lanes. The woman is due in court to answer to the tickets the beginning of January.
Although the New York investigation into this fatal accident did not initially result in criminal charges, the victim's family still retains the right to pursue a wrongful death lawsuit against the driver. Further, if the driver is convicted of the traffic citations filed against her, proof of those convictions may be offered as evidence of liability in a related civil proceeding. If liability is established in that proceeding, the court will consider demands for damages said to have been caused by the negligence of the driver.
Source: wcax.com, "Driver ticketed in crash that killed NY cyclist," Dec. 3, 2012