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Pedestrian injury claim brought against the city of New York

A British tourist recently lost her leg after an accident in New York City. The young woman was struck by a taxi as she stood on the sidewalk having a hot dog. The driver was not criminally charged, but the victim plans to file a pedestrian injury claim against the City of New York. She states the city’s negligence allowed the driver to remain on the road despite his reckless driving record.

According to reports, the taxi collided with a bike messenger before veering onto the sidewalk and hitting the woman. The cab driver in question already had seven points on his license for various violations prior to this accident. Normally, such a record would result in a temporary license suspension. Had proper procedures been followed in this instance, the driver would likely not have been operating his taxi that day.

After a two-month investigation, the district attorney elected not to file criminal charges, stating criminal liability was not found. However, the Taxi & Limousine Commission has admitted that a “computer glitch” allowed several drivers to keep their license when they should have been suspended. This system failure arguably resulted in the compromised safety of New York City pedestrians and drivers.

Injuries sustained in an accident may have a lasting impact. Along with the physical and emotional scars, the victim is often left with a large financial burden. In this case, if New York City is found to be negligent in failing to suspend the license of the taxi driver, the victim may be entitled to financial compensation for her losses in civil court. Such losses may include medical bills, rehabilitation expenses and other damages permissible by law. A successful pedestrian injury claim could also provide the victim with a sense of justice in the case and prompt safety measures to ensure this type of tragedy is not repeated.

Source: New York Daily News, Taxi victim Sian Green will file $27.5M lawsuit against New York City, Barbara Ross and Larry McShane, Dec. 10, 2013

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