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Bicycling deaths from car accidents increase citywide in 2016

Although overall traffic deaths in New York City dropped in 2016, the City reported that cycling deaths increased. On the morning of April 1, just days after the announcement that car accidents involving bicycles had gone up, a 32-year-old man was struck and killed in a hit-and-run crash in Queens while he was riding his bicycle. The details of how the accident occurred were not immediately reported.

The car struck him down near 43rd Avenue and 39th Street and then sped away from the site. Police caught up with the driver shortly thereafter and arrested him on DWI charges. They indicated the possibility of more charges being filed.

The victim left a spouse and three children. He had been cycling home after completing his delivery job for a Manhattan restaurant. He was remembered especially as a very hard-working person.

Although the circumstances of the collision have not been reported, the filing of criminal charges may indicate that the car operator was negligent or worse in causing the man's death. If it is determined that he was the negligent cause of death, the family of the decedent will be entitled to make a claim against him for wrongful death economic damages. If the decedent was conscious at all prior to succumbing, the claim could also include pain and suffering.

The main element of a wrongful death claim under these circumstances would be for the decedent's lost earnings and earning capacity for the remainder of his life. With a surviving spouse and three minor children, the availability of a possible recovery is likely to be a critical resource for the family's future survival. For car accidents like this that occur in New York City, it is generally recommended that the decedent's estate retain a local attorney who handles these kinds of claims.  

Source: CBS New York, "Father Of 3 Fatally Struck By Car While Riding His Bicycle Home In Queens", 4/01/2017