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Posts from the NYPD Crash Investigations Category

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NYPD: “No Criminality” When MTA Bus Driver Kills Senior and Leaves Scene

An MTA bus driver killed a senior at a Brooklyn intersection. The red arrow represents the approximate path of the bus, and the white arrow the approximate path of the victim, according to NYPD’s account of the crash. Image: Google Maps

An MTA bus driver killed a senior at a Brooklyn intersection. The red arrow represents the approximate path of the bus, and the white arrow the approximate path of the victim, according to NYPD’s account of the crash. Image: Google Maps

Update: Bus driver Paul Roper was charged with felony leaving the scene, failure to yield, and careless driving, according to NY1.

An MTA bus driver struck and killed a senior with a walker at a Brooklyn intersection and left the scene this morning. Though it was a hit-and-run crash and it appears likely the victim had the right of way, NYPD declared “no criminality” before investigators even located the driver.

According to reports and photos of the scene, the 70-year-old victim was crossing Fulton Street at Sackman Street south to north in or near an unmarked crosswalk, and the driver, traveling south on Sackman, turned east — left — onto Fulton, striking her with the rear wheels of the bus.

“(The bus driver) never stopped, just was just going,” witness Ramon Garcia told the Daily News. “He never realized what had happened. It’s a big machine. I guess you don’t feel something like that.”

The victim died at the scene. Her name has yet to be released. The woman lived in a nearby shelter and went by the nickname “Freckles,” according to DNAinfo. Update: The Times identified the victim as Carol Bell.

DNAinfo reported that police found the bus, which was out of service, at the East New York Bus Depot a short distance away. The Post said the driver was being questioned. Witnesses told DNAinfo the bus driver “stopped briefly and then continued driving.” To secure a conviction for leaving the scene, New York State law requires prosecutors to prove a driver knew or had reason to know a collision occurred.

There are no traffic signals at Fulton and Sackman. According to attorney Steve Vaccaro, based on information released by NYPD the bus driver would have had to stop for a stop sign and yield to any traffic in the intersection that was already there. If the victim was in an unmarked crosswalk at the intersection, she would have had “an absolute right of way over any motor vehicle,” Vaccaro told Streetsblog.

If the woman was determined to be outside the unmarked crosswalk, mid-block crossings of Fulton are permitted on the block where the crash occurred, since the intersection with Sackman is not signalized, Vaccaro said.

Though the driver left the scene and may have violated the Right of Way Law, NYPD told DNAinfo police “did not immediately suspect criminality.” The Right of Way Law, also known as Section 19-190, makes it a misdemeanor for a driver to injure or kill someone who is walking or biking with the right of way. NYPD has applied the law only a few dozen times since it took effect in 2014.

This morning’s crash is the first reported incident this year in which an MTA bus driver killed a pedestrian with the right of way. There were eight such fatalities in 2014. The crash comes after City Hall reached a settlement in a suit filed by the Transport Workers Union, which spent much of the year trying to gut the Right of Way Law. The settlement amounted to a clarification of the law, but the TWU trumpeted it as proof that bus drivers were wrongly arrested for killing people who were following traffic rules.

Today’s crash occurred in the 73rd Precinct, in Community Board District 16, and in the City Council district represented by Rafael Espinal.

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NYPD Isn’t Enforcing Mayor de Blasio’s Key Vision Zero Law

Within months of taking office, Mayor Bill de Blasio signed into law several bills intended to add teeth to his Vision Zero street safety initiative. In the year since taking effect, however, the most important of those laws was barely used by NYPD.

“If

If Mayor de Blasio is serious about Vision Zero, he will direct Police Commissioner Bill Bratton to apply the Right of Way Law as it was intended. Photo: Policy Exchange/Flickr

The Right of Way Law, also known as Section 19-190, made it a misdemeanor for motorists to harm people walking and biking with the right of way. It took effect last August.

The Right of Way Law was supposed to bring an end to the common scenario of reckless New York City motorists hurting and killing people without consequence. The key to the law is that ordinary precinct cops can apply it, not just the small number of specialists in the NYPD Collision Investigation Squad. NYPD Chief of Transportation Thomas Chan said all 35,000 uniformed officers would be trained to enforce the Right of Way Law, but the department has applied it only a handful of times in the 14 months since it was enacted.

According to data provided by the mayor’s office, from August through December of 2014 NYPD made 15 arrests for Section 19-190 violations, resulting from 21 investigations. In addition, police made one arrest for reckless driving and issued one summons for careless driving.

So far this year, NYPD has arrested 20 drivers under the Right of Way Law, after 41 investigations. Police also issued seven careless driving summonses resulting from those investigations. Twelve investigations are ongoing, the mayor’s office said. In addition, 11 other drivers have been charged under a Right of Way Law provision that applies to failure-to-yield cases that don’t involve injury (more on that later).

The scale of enforcement remains far below the scale of damage caused by motorists who fail to yield.

From September 2014 through September 2015, drivers injured 11,109 people walking in NYC, and killed 140, according to DOT data. Since failure to yield is the primary factor in 27 percent of serious pedestrian injuries and deaths, according to DOT’s 2010 Pedestrian Safety Study and Action Plan [PDF], it’s all but certain that the vast majority of drivers who violate the Right of Way Law are not charged by NYPD.

Nor is NYPD increasing enforcement. Police averaged three Right of Way charges per month last year, compared to an average of two cases a month in 2015. This suggests that Right of Way investigations remain the province of the Collision Investigation Squad and are not being pursued by precinct cops.

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NYPD: “No Criminality” as Cab Driver Runs Over Kids on Bronx Sidewalk

Several people, including a number of children, were seriously injured when a livery cab driver drove onto a sidewalk in the Bronx this morning.

At around 7:45 the driver, a man whose name was not released, “lost control” of a Toyota Camry at 229 E. Kingsbridge Road, according to NYPD. A police spokesperson said the driver hit one woman and four children on the sidewalk. Four victims were hospitalized in stable condition and one in serious condition, NYPD said.

FDNY said there were six victims: two in critical condition, three in stable condition, and one with a minor injury. The two critically injured victims were children, according to a fire department spokesperson.

NYPD told Streetsblog the Collision Investigation Squad, which works only the most serious traffic crashes, was dispatched to the scene.

WNBC reported that the driver was taken into custody this morning, but NYPD could not confirm. Unnamed police sources told the Post “no criminality was suspected.”

From the Post:

A passer-by comforted a 5-year-old boy as emergency workers arrived at Valentine Avenue and East Kingsbridge Road in Fordham Manor after the 7:45 a.m. accident

“I held his hand and he said, ‘I want to see my sister, I want to see my sister!’ He was so scared. I said, ‘Look at me! Look at my eyes! You’re going to be OK,’” said Nilda Guerrero, 57.

“He was crying and he wanted to hold his mother’s hand. I pretended I was his mother. And I held his hand. And I said, ‘Miguel, you’re going to be fine,’” she added.

“I heard a noise — a loud boom and a crash. There were people screaming. I ran over and there was a mother and daughter under the car,” said Migdalia Morales, 42, a parks worker.

“There was a little girl that had her legs stuck under the car next to the building,” she said

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Seniors Are Not to Blame for NYC’s Failure to Make Streets Safer

The white arrow indicates the approximate path of Lubov Brodskaya - it’s unknown if she was walking north or south - and the red arrow indicates the approximate path of the FedEx driver who killed her at E. 12th Street and Avenue J. Image: Google Maps

The white arrows indicate the approximate path of Lubov Brodskaya — it’s unknown if she was walking north or south — and the red arrow indicates the approximate path of the FedEx driver who struck her at E. 12th Street and Avenue J. Image: Google Maps

In response to motorists fatally striking seniors in the Brooklyn South command, NYPD admonished seniors to be more careful when going outside. A recent fatality in the 70th Precinct is a prime example of how focusing on the behavior of victims is a wrongheaded and ineffective approach to street safety.

One of the victims cited in last week’s DNAinfo story was Lubov Brodskaya, age 90, who was struck on August 19. NYPD told JP Updates Brodskaya was crossing at the intersection of Avenue J and E. 12th Street at around 1:35 in the afternoon “when she was hit by a FedEx van turning right into the avenue.” She died the next day.

The 27-year-old FedEx driver remained on scene and the investigation is ongoing by the NYPD’s Collision Investigation Squad, a police source said, adding that the CIS was not immediately requested by the 70th precinct for an unknown reason.

The driver is not expected to face any charges, the source said.

Brodskaya was at least the second city pedestrian in four months killed in a crash that involved a FedEx driver. I asked FedEx about the crash and received the following generic statement: “First and foremost, we extend our heartfelt condolences to the family and friends of Ms. Brodskaya. FedEx Ground cooperated fully with all authorities who investigated the accident.”

Avenue J at E. 12th Street is a signalized intersection with marked crosswalks, and E. 12th Street is one-way with no turn lanes or dedicated turn signals. If the FedEx driver had a green signal while turning right from E. 12th onto Avenue J, Brodskaya should have had a walk signal, meaning it’s likely she was crossing with the right of way.

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No Charges for Driver Who Killed Sheepshead Bay Woman in Crosswalk

The red arrow indicates the approximate path of Carol Carboni, and the white arrow indicates the approximate path of the 33-year-old driver who killed her in the crosswalk at Avenue Z and Nostrand Avenue. Photo: Google Maps

The white arrow indicates the approximate path of Carol Carboni, and the red arrow indicates the approximate path of the 33-year-old driver who killed her in the crosswalk at Avenue Z and Nostrand Avenue. Photo: Google Maps

NYPD has not filed charges against the driver who killed a Sheepshead Bay woman in the crosswalk just blocks from her home yesterday afternoon.

Carol Carboni, 52, was crossing Nostrand Avenue from west to east at 3:35 p.m. yesterday when the driver of a 2013 Infiniti sedan, making a left turn from eastbound Avenue Z to northbound Nostrand, struck the rear right side of her mobility scooter with his front passenger-side bumper. Carboni fell off the scooter and suffered severe head trauma, NYPD said. She was taken to Lutheran Medical Center, where she was pronounced dead.

This case seems to be a likely candidate for Right of Way charges against the driver. The fact that Carboni was in the crosswalk and the driver was making a left turn at the same time indicate that Carboni likely had the right of way.

NYPD told Streetsblog this morning that it did not have information available about what the traffic signals indicated or who had the right of way at the time of the crash. The Collision Investigation Squad continues to investigate the crash, NYPD said, and no charges have been filed against the 33-year-old Brooklyn resident who was behind the wheel.

In the year since the Right of Way Law took effect, NYPD has rarely charged drivers who strike pedestrians or cyclists with the right of way.

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One Year Later, Bratton’s NYPD Rarely Enforcing Key Vision Zero Law

Mayor Bill de Blasio, Police Commissioner Bill Bratton, and NYPD Transportation Chief Thomas Chan. The Right of Way Law is a key component of de Blasio’s Vision Zero initiative, but NYPD barely enforces it.

Mayor Bill de Blasio, Police Commissioner Bill Bratton, and NYPD Transportation Chief Thomas Chan. The Right of Way Law is a key component of de Blasio’s Vision Zero initiative, but NYPD barely enforces it a year after it took effect.

Last weekend marked the one-year anniversary of the Right of Way Law, also known as code Section 19-190, which made it a misdemeanor for motorists in New York City to harm people who are walking and biking with the right of way.

The law is a legislative centerpiece of Mayor de Blasio’s Vision Zero initiative. It was supposed to put an end to the days when motorists who failed to yield could injure people without facing any consequences. But one year in, that goal is still a long way off, with NYPD rarely enforcing the new law.

According to a New York Times story published in June, NYPD charged “at least 31” drivers in the 10 months after the law took effect. During that same period, New York City motorists injured 11,606 pedestrians and cyclists, and killed 118. Since failure to yield is the primary factor in 27 percent of serious pedestrian injuries and deaths in New York City, according to NYC DOT’s 2010 Pedestrian Safety Study and Action Plan [PDF], it’s all but certain that most drivers who violate the law are not cited by NYPD. (We asked the mayor’s office for current data on Right of Way Law charges. We’ll post it if we get it.)

Last October, NYPD Chief of Transportation Thomas Chan said all 35,000 uniformed officers would be trained to enforce the Right of Way Law. This would allow the department to apply the law in collisions not deemed serious enough to warrant attention from the Collision Investigation Squad, a small, specialized unit that works a few hundred crashes per year, almost all of them fatalities. But with only a few dozen cases brought by NYPD since the law took effect, most motorists who injure and kill rule-abiding New Yorkers continue to do so with impunity.

Given the high profile of some Right of Way cases brought by police and prosecutors, it’s possible the law may be having a deterrent effect anyway. NYPD charged several MTA bus drivers for injuring or killing people in crosswalks — cases that got a lot of publicity when the Transport Workers Union called for bus drivers to be exempt from the law. While MTA bus drivers killed eight people in crosswalks last year, to this point no such crashes have occurred in 2015.

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No Charges for Driver Who Killed 72-Year-Old Cyclist in Sunset Park

A driver killed Rigoberto Diaz as he biked through the intersection of 48th Street and Third Avenue in Sunset Park. Image: Google Maps

A driver killed Rigoberto Diaz as he biked through the intersection of 48th Street and Third Avenue in Sunset Park. Image: Google Maps

A motorist killed a senior on a bike under the Gowanus Expressway on a Sunset Park street where drivers are routinely involved in high-speed crashes.

The crash happened Wednesday at around 5:30 p.m. Rigoberto Diaz, 72, was traveling westbound against traffic on 48th Street and attempting to turn left onto Third Avenue when a driver traveling northbound on Third hit him with a Chevrolet SUV, according to NYPD and Patch.

Diaz died at Lutheran Hospital. NYPD and District Attorney Ken Thompson filed no charges against the driver, whose name was not released. A police spokesperson told us the investigation was still open as of this afternoon.

NYPD had no information on how fast the driver who hit Diaz was going. Police said Diaz was making a “wide left turn,” which could mean he was attempting to get to southbound Third Avenue when the driver hit him.

There are traffic signals at the intersection of Third Avenue and 48th Street. If the crash occurred as described by police, and Diaz and the driver approached the crossing at a perpendicular angle, one of two scenarios seems likely: Either the driver or Diaz ran the light, or Diaz made his turn near the end of the light cycle as the driver entered the intersection at speed.

Injury crashes along Third Avenue this year, with the site of Wednesday’s fatal collision indicated by the blue dot. Image: Vision Zero View

Injury crashes along Third Avenue this year, as of June, with the site of Wednesday’s collision indicated by the blue dot. Image: Vision Zero View

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NYPD: Driver Error Caused Crash That Killed Mike Rogalle

NYPD determined that a driver pinballing down a Manhattan street caused a curb-jump crash that killed a pedestrian, but police and District Attorney Cy Vance filed no charges.

Mike Rogalle

Mike Rogalle

UPS delivery man Mike Rogalle, 58, was working his Financial District route on April 17, 2012, when an SUV driver ran him over on the sidewalk outside 15 Beekman Street. Rogalle was removed from life support days later.

Media reports said there were two adults and two small children in the SUV. The press identified the male adult passenger as an FDNY inspector, and said a woman was driving. The names of the people in the SUV were not reported in the press or disclosed by NYPD.

Last May NYPD rejected a FOIL request for documents pertaining to the crash. Vance’s office, responding to a separate FOIL filing, said it had no record of an investigation.

We appealed the NYPD FOIL denial, and in July the department sent us a one-page report on the crash, embedded below, with the name of the SUV driver and other information redacted.

According to the NYPD report, the driver, traveling westbound on Beekman, “struck the right curb then veered left” to avoid a “parked unoccupied vehicle” before “accelerating and mounting the south sidewalk,” striking Rogalle from behind and pinning him between the SUV and the entrance to 15 Beekman Street.

NYPD concluded that “operator error” caused the crash. According to the police report, the investigation was concluded on June 18, 2015 — more than three years after the crash and a few weeks after the department received the Streetsblog FOIL request.

Vance recently secured a felony indictment against a driver who injured a woman on the sidewalk near where Rogalle was killed.

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NYPD: No Charges for Driver Who Killed Woman on Brooklyn Sidewalk

This driver jumped the curb, hit a wall, two pedestrians, a livery cab and a tree, killing one person and injuring several others. NYPD filed no charges. Image: WABC

This driver jumped the curb, hit a wall, two pedestrians, a livery cab and a tree, killing one person and injuring several others. NYPD filed no charges. Image: WABC

NYPD filed no charges against a motorist who cut a swath of destruction through East New York, striking two people on a sidewalk and killing one of the victims.

The driver, in a Toyota Camry, was making a left turn at Pennsylvania Avenue and Cozine Avenue at around 10:30 a.m. on July 1 when she mounted the sidewalk, struck a wall, and hit two pedestrians, according to reports. The driver then hit a livery cab and a street tree before coming to a stop half a block away.

From WCBS:

A witness, named Amir, said a female pedestrian was dragged and pinned under the car.

He and other bystanders tried to help her.

“She wasn’t conscious so we weren’t sure if she was alive, we just saw her legs and knew it was bad,” Amir said. “If you see the jack underneath the car, we actually tried to jack the car up and noticed that we were dragging her as we jacked it up so we stopped.”

“The lady was horrified. She was traumatized and in shock,” another witness said.

Marcia Arthurs, 51, later died from severe trauma to her head and body. The second pedestrian, a 59-year-old man, was hospitalized with lacerations to his face. Four others were reported injured.

“The driver remained at the scene and wasn’t charged,” the Daily News reported.

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When a Driver Had a Seizure and Killed Two in Manhattan, It Was Murder

The motorist who killed a cyclist and injured several others in Brooklyn yesterday told police he had a seizure after he did not take his medication. If the driver’s claim is true, the case would be similar to a Manhattan crash that resulted in a murder conviction.

According to reports, at around 7 a.m. Tuesday 37-year-old Claudio Rodriguez, driving against traffic on Fourth Avenue, hit a male cyclist head-on, near the Atlantic Avenue intersection, killing the victim instantly. The Brooklyn Eagle identified the cyclist as 35-year-old Alejandro Moran-Marin.

Reports said Rodriguez hit a stopped vehicle before striking Moran-Marin, and drove into another car before coming to a stop near Fourth and Flatbush Avenue. Five people, including Rodriguez, were hospitalized.

From WABC:

After smashing into the back of the Camry, witnesses say the driver backed up, went around the Camry then drove into oncoming traffic and kept speeding up the block, hitting the bicyclist near Atlantic Avenue.

Witnesses said Moran-Marin’s bicycle was scattered in pieces across several blocks.

A witness told the Daily News he “thought the driver was trying to flee after rear-ending the Toyota because he backed up before taking off.”

In the immediate aftermath of the crash, several outlets reported that NYPD said the driver had a seizure, information the Daily News and the Post said came from Rodriguez himself. “He admitted to cops that he had forgotten to take medication on Monday to control his seizures, law-enforcement sources said,” the Post reported.

“I was feeling, like, you know when you feel dizzy,” Rodriguez said. “After that, I don’t remember until I hit the other guy and the other guy hit me.”

As of this afternoon no charges had been filed against the driver by NYPD or Brooklyn District Attorney Ken Thompson, police told Streetsblog. NYPD said the investigation is ongoing.

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