WANTAGH, Long Island — Homicide detectives from the Nassau County Police Department are investigating a fatal pedestrian accident that happened on Sunrise Highway in Wantagh. According to Long Island.com, the fatal collision happened on Saturday, April 20, 2019, around 11:55 p.m. Nassau County detectives reported that the driver who struck the 60-year-old pedestrian was 21-years-of-age. Detectives continue to investigate the case, and they did not charge the driver in the immediate aftermath of the crash.
The investigating detectives told the media that the man who died was trying to cross Sunrise Highway from south to north when the operator of a 2014 Chevrolet motor vehicle headed west on Sunrise Highway slammed into the pedestrian. The 60-year-old pedestrian, who lived in Bellmore, sustained severe traumatic injuries in the crash. Medics transported the pedestrian to a hospital. A physician at the hospital declared the man deceased from his injuries.
Detectives performed a check of the safety systems of the 2014 Chevrolet. Officers said that the car’s brakes worked properly. Accordingly, the police have not charged the driver with any crimes. However, detectives pointed out that their investigation is ongoing. There was no information provided about the victim’s next of kin.
The courts in the State of New York recognize two causes of action in wrongful death cases. The first cause of action is known as a survivorship cause of action. The plaintiff in a survivorship action is the victim’s estate. The estate can recover damages for losses and pain and suffering before the person died. The second cause of action is a wrongful death suit. Only the people who suffer a financial loss resulting from the death can pursue this case, which is determined by statute. There may be some degree of coincidence between the people allowed to recover damages under the distribution of the decedent’s estate and those who the statute allows recovering damages for wrongful death.
Potential plaintiffs must be aware of the statute of limitations that govern each type of claim in New York.
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