Tragedy struck New York this Halloween when a black Dodge Charger driven by a 52-year-old man jumped a curb and plowed into a group of trick-or-treaters in the Bronx. A 10-year-old girl, her 65-year-old grandfather, and a 24-year-old man were injured. Four others, including a 3-year-old and a 9-year-old, were injured.
The driver of the Charger was taken to the hospital and has not yet been charged with any crime. According to police, the driver may have had a seizure or some other medical problem. The police have not confirmed this as the cause, however.
Even if it is determined that the crash was due to a medical issue, the driver may not necessarily be absolved of responsibility. In New York, like in Texas, a driver who causes an injury or death while driving due to an epileptic seizure or other medical condition can be held civilly and even criminally responsible if the driver knew or should have known that the medical condition made it unsafe to drive.
In addition, if the car belongs to someone other than the driver, such as an employer or family member, the owner of the car can be held legally responsible if the owner allowed the driver to use the car when the owner knew or should have known that the driver had a medical condition that made it unsafe to drive. This legal theory is called “negligent entrustment,” and can result in the car’s owner being held equally liable as the driver for damages resulting from the collision.
If you or someone you know has been injured in a motor vehicle collision, contact an attorney at Abraham, Watkins, Nichols, Agosto, Aziz & Stogner by calling (713) 222-7211 or toll free at 713-222-7211.