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Woman Struck by Truck Driver on Flatbush at Atlantic “Likely to Die”

Photos: Ian Dutton

Photos: Ian Dutton

Update: The victim in this crash was identified as Winnifred Matthias, 77. She died from her injuries.

A truck driver seriously injured a pedestrian at the intersection of Flatbush and Atlantic Avenues this afternoon, near the location where a truck driver killed a senior last year. NYPD says the victim is not likely to survive.

The crash occurred around 12:36 p.m. and the victim was declared “likely to die,” according to NYPD and FDNY. DNAinfo reports that the victim was “an elderly woman”:

The woman was walking southbound down the double yellow lines on Flatbush Avenue when she was struck at the busy intersection of Atlantic Avenue near the Barclays Center just after 12:20 p.m., fire officials said.

The victim was rushed to Brooklyn Hospital in cardiac arrest. Authorities said her condition is dire.

Crosswalks at this intersection are extremely long and indirect. Sheer self-preservation might lead someone to walk outside the crosswalk in order to cross the street faster.

Photos of the scene taken by Streetsblog reader Ian Dutton show a dump truck sitting on Flatbush in front of Atlantic Terminal, a few feet past the crosswalk on the north side of the Atlantic intersection. The truck was cordoned by police tape and NYPD investigators were on the scene.

In April 2013, a semi truck driver fatally struck 83-year-old Irvin Gitlitz on Flatbush at Fourth Avenue, a few yards from the site of today’s crash.

This crash occurred in the 78th Precinct. We’ll post more information as it becomes available.

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Motorist Fatally Strikes “Very Small” Pedestrian in Chinatown [Updated]

Canal Street, looking west, at Elizabeth Street, where a driver struck and killed a senior this morning. NYPD and a witness says the victim was crossing south to north (left to right) when the driver waiting at the light accelerated into her when the signal changed.  Image: Google Maps

Canal Street, looking west toward Elizabeth Street, where a driver struck a senior this morning. Image: Google Maps

NYPD has filed no charges against a driver who killed a senior in Chinatown this morning.

The victim, believed to be in her 70s, was crossing Canal Street at Elizabeth Street at approximately 4 a.m., when the motorist hit her with a Jeep SUV, according to NYPD and published reports. Based on media accounts and information provided by police, it appears the victim was crossing Canal south to north and was struck when the driver, westbound on Canal, accelerated when the signal changed.

From the Daily News:

“I didn’t see her, she was very small,” said the 64-year-old driver, who was heading west on Canal St. but immediately stopped the car after the collision.

The man, who did not give his name, was in shock when he realized what had happened. “My heart, it’s pounding.”

Armando Noreles, 43, was stopped at the red light in his delivery truck beside the Jeep moments before the SUV slammed into the woman.

“We were waiting at the red light. When the light changed he started driving, and he didn’t see the lady and he just hit the lady.”

NYPD has not released the victim’s identity, pending family notification. She died at New York-Presbyterian Lower Manhattan Hospital. ”We saw her every day, every morning,” Norales told the Daily News. “She was so cute. Early in the morning, she tried to get money collecting cans.”

As of this morning, an NYPD spokesperson said there was “no criminality.” Police had no information on who had the right of way, and said the Collision Investigation Squad was still working the crash.

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Council Members Press NYPD to Enforce the Law in Death of Sui Leung

Under a new Vision Zero law, a driver who critically injures or kills a pedestrian or cyclist who has the right of way is guilty of a misdemeanor. But nearly two months after it took effect, there is no evidence NYPD is applying the law, known as Section 19-190, as Mayor de Blasio and the City Council intended. This week, three council members expressly asked NYPD to charge a motorist who killed a senior in Manhattan, and the response from NYPD Chief of Transportation Thomas Chan has troubling implications about how police are enforcing the new law.

Image: NBC

On the afternoon of September 25, a commercial van driver hit 82-year-old Sui Leung as she crossed in the crosswalk at Kenmare and Elizabeth Streets. Leung was pronounced dead at Downtown Hospital. NYPD would not identify the driver, but the van belonged to Party Rental Ltd. of Teterboro, New Jersey.

“Police did not suspect any criminality and the driver was not charged,” the Daily News reported. NYPD told Streetsblog the driver had a green light. But a visit to the intersection showed that there is no exclusive turn phase at Kenmare and Elizabeth — meaning Leung would have had a walk signal when the driver had a green, and would therefore have had the right of way.

“She had the right of way,” said City Council Member Margaret Chin, who represents the area where the crash occurred. ”The driver is supposed to yield to pedestrians.”

Chin told Streetsblog her staff has spoken with Leung’s family. ”From what we know of Ms. Leung, she’s an active senior,” said Chin. “She goes to the senior center every day. She walks from her home to Chinatown. The family is also very upset about what happened.”

“It’s just so clear that she had the right of way and the driver needs to be prosecuted,” Chin said. “You’re talking about someone getting killed.”

On Wednesday, Chin and other council members sent a letter to Chan [PDF]. Based on the details provided in the NYPD crash report, which according to Chin showed Leung “unquestionably did nothing wrong,” she urged NYPD to file charges under Section 19-190. The letter was co-signed by Council Member Rosie Mendez, who represents the area where Leung lived, and Ydanis Rodriguez, chair of the council transportation committee.

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Brooklyn DA Ken Thompson: $500 Fine for Unlicensed Driver Who Killed Senior

The driver who killed Brooklyn pedestrian Maude Savage was charged for failure to yield and driving without a license, but Brooklyn DA Ken Thompson did not charge him with criminal negligence under the "rule of two." Crash still via Daily News. Thompson image: NY1

The driver who killed Brooklyn pedestrian Maude Savage last year was charged for failure to yield and driving without a license, but Brooklyn DA Ken Thompson did not charge him with criminal negligence under the so-called “rule of two.” Crash still via Daily News. Thompson image: NY1

An unlicensed driver was sentenced to a small fine and probation after he ran over and killed a Brooklyn senior who was crossing with the right of way, per the terms of a plea deal with District Attorney Ken Thompson. Though the driver was charged with committing two traffic offenses at the time of the crash, he was not charged with criminal negligence under the so-called “rule of two.”

Maude Savage, 72, waited for the signal before entering the crosswalk at Sutter and Euclid Avenues last November 25. She was mid-way across the street when Robert Brown drove a commercial van into her. Video of the crash shows that Brown barely slowed as he made a left turn, leaving Savage no time to clear his path. She died from her injuries.

Brown was charged by then-DA Charles Hynes with aggravated unlicensed operation, a misdemeanor that stipulates that he drove without a license when he knew or should have known he didn’t have one. He was also ticketed for failure to yield to a pedestrian in a crosswalk, according to court records.

Theoretically, the crash that killed Maude Savage should have triggered the “rule of two,” case law precedent that holds that a New York State motorist who is breaking at least two traffic laws at the time of a crash may be charged with criminal negligence. New York City prosecutors regularly cite the rule of two as an obstacle to charging motorists for killing, but routinely fail to bring charges after crashes involving two or more traffic violations. True to form, Hynes and Thompson did not upgrade charges against Brown.

Aggravated unlicensed operation is seemingly the default charge against unlicensed drivers who kill New York City pedestrians. It’s the same charge that is applied against unlicensed drivers who turn without signaling. In June Brown pled guilty to unlicensed operation in the second degree, a charge that may be applied when a defendant is caught driving without a license after prior convictions for unlicensed driving, or when the defendant’s license was previously suspended or revoked pursuant to a drug or alcohol related driving offense.

Second degree unlicensed operation is an unclassified misdemeanor with penalties including jail time, probation, and a fine of not less than $500. According to court records, Brown was sentenced last week to a $500 fine and two years probation.

As of August it is a misdemeanor for a driver to injure or kill a New York City pedestrian or cyclist who has the right of way. Motorists have killed at least 13 pedestrians since the law took effect, and NYPD has applied the law once.

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Older Pedestrians More Likely to Die in Traffic: Will New York State DOT Act?

Manhattan is the most dangerous borough for residents age 60 and older to walk, and older pedestrians throughout the metro region suffer disproportionately from deadly traffic violence, according to a new report from the Tri-State Transportation Campaign.

With older pedestrians more likely to be killed by drivers, will NYS DOT Commissioner Joan McDonald heed recommendations for safer streets? Photo: CT.gov

With older pedestrians more likely to be killed by drivers, will NYS DOT Commissioner Joan McDonald heed recommendations for safer streets? Photo: CT.gov

The report recommends that New York, New Jersey, and Connecticut adopt NACTO design guidelines for safer, multi-modal streets. New York State DOT said recently that the agency will not endorse NACTO standards for roads categorized as “collectors” and “arterials,” which are some of the state’s most heavily-traveled and dangerous streets.

For its latest annual “Older Pedestrians at Risk” report, Tri-State analyzed 10 years of metro area data from the Census Bureau and the National Highway Traffic Safety Administration Fatality Analysis Reporting System. While people age 60 and older made up 17 percent of the population in Manhattan from 2003 to 2012, they accounted for 42 percent of the 364 pedestrian fatalities that occurred during that time.

“At 5.46 per 100,000, the pedestrian fatality rate for Manhattan residents aged 60 and older was 3.67 times that of residents younger than 60,” says the report. “For those aged 75 years plus, the fatality rate (8.33) was 5.59 times that of their younger neighbors.”

In Nassau County, people age 60 and older were three and a half times more likely to be killed by a driver while walking than younger residents. Older residents of Westchester County faced three times the risk.

While much of the data was gleaned from local roads, not state roads, NYS DOT could allocate its resources to improve safety on any type of street in New York.

Data for other boroughs was reported as follows.

  • Brooklyn: 473 total pedestrian deaths, with a rate of 4.94 fatalities per 100,000 residents for people age 60 and older — four times that of younger residents. The fatality rate for Brooklynites age 75 and older was 6.63 per 100,000 people.
  • Bronx: 225 total pedestrian deaths, with a rate of 3.94 fatalities per 100,000 residents for people age 60 and older — more than three times that of younger residents. The fatality rate for Bronxites age 75 and older was 4.05 per 100,000 people.
  • Queens: 364 total pedestrian deaths, with a rate of 3.75 fatalities per 100,000 residents for people age 60 and older — more than three times that of younger residents. The fatality rate for Queens residents age 75 and older was 5.79 per 100,000 people.
  • Staten Island: 76 total pedestrian deaths, with a rate of 3.57 fatalities per 100,000 residents for people age 60 and older — three times that of younger residents. The fatality rate for Staten Islanders age 75 and older was 5.56 per 100,000 people.

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15-Day Maximum Sentence for Unlicensed Driver Who Killed Bronx Senior

An unlicensed driver who killed a pedestrian in the Bronx last year was charged with only a traffic infraction that carries a nominal fine and a maximum 15-day jail term.

Bronx District Attorney Robert Johnson charged an unlicensed driver with a traffic infraction for a crash that killed an 82-year-old pedestrian.

Bronx District Attorney Robert Johnson charged an unlicensed driver with a traffic infraction for a crash that killed an 82-year-old pedestrian.

Nabaali Cletus hit 82-year-old Manuel Verdesoto with a Volvo as the senior crossed White Plains Road at Watson Avenue on the evening of May 15, 2013, according to reports.

photo from the scene showed two severe impact points to the destroyed windshield, and a dent in the hood, indicating that Verdesoto was thrown onto the vehicle with tremendous force. He died at Jacobi Hospital.

Police said Cletus, then 46, had a forged New York State photo ID and was not licensed to drive. Reports published soon after the crash said he was charged with possession of a forged instrument and driving without a license.

Cletus was not charged by NYPD or Bronx District Attorney Robert Johnson for killing Verdesoto. Nor was he charged with aggravated unlicensed operation, a misdemeanor that normally serves as the default charge issued by city prosecutors when an unlicensed driver kills a pedestrian or cyclist.

Currently the sole charge against Cletus is operating a motor vehicle by an unlicensed driver, according to court records — an infraction that carries a maximum penalty of 15 days in jail and a $300 fine.

Court records say Cletus was in court most recently on July 24. He is scheduled for another court date in September.

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AARP: Older NYC Pedestrians Concerned About Drivers Failing to Yield

Four out of 10 New York City voters age 50 and older consider motorists who fail to yield to pedestrians a serious problem, and one in four say traffic signals don’t allow enough time to cross the street, according to a poll by AARP.

Forty percent of NYC voters age 50 and older say drivers who fail to yield to pedestrians are a major problem. Photo: ##https://www.flickr.com/photos/yourdon/3275748024/in/photolist-5Zt4Ld-dFcMWT-6q5iaQ-92igFP-6Hm3eQ-6b8ndc-6bcvWj-6bcw7f-8rRi4-5pNDRz-7amntd-5pSX41-5pSX5C-aB9UGE-9rYm1g-9rYkwB-9s2jgL-9rYkga-9rYmBr-9s2iU3-9s2hVL-9rYk9K-9s2hH3-9s2i2W-9s2k3S-9s2jQo-9rYn74-9s2jUb-9rYmWH-9rYmuR-9rYknK-9rYmn8-9s2jHm-9s2j5m-9s2aUb-9s2jM5-7aCU1j-hW1dK-7bshZ7-518C71-kSWWt-7ajcDV-4rkx5x-9s2hob-9rYmyB-9s2ik7-gyChfz-4ua1XN-caW7cJ-9TqDDm##Ed Yourdon/Flickr##

Forty percent of NYC voters age 50 and older say they consider drivers who fail to yield to pedestrians a major problem. Photo: Ed Yourdon/Flickr

As part of its 2013 voter survey, AARP asked a series of questions related to transportation and street safety. The results were released Tuesday. Of all respondents across the boroughs, 40 percent said drivers not yielding to pedestrians is a “major problem.” Twenty-eight percent said traffic lights are timed too fast for pedestrians to cross safely.

Staten Island residents were most concerned about failure to yield (45 percent), followed by respondents in Queens (42 percent), the Bronx (40 percent), Brooklyn (40 percent), and Manhattan (34 percent). More Staten Islanders also cited short pedestrian signals as a major problem (35 percent), followed by residents of Queens (30 percent), the Bronx (29 percent), Brooklyn (28 percent), and Manhattan (21 percent).

The survey further categorized responses by race. From an AARP press release: “When it comes to the timing of traffic lights, more Hispanics cite them being too fast for safe crossing as a major concern, followed by Asians and African Americans. Concern about cars not yielding to pedestrians is again highest among Hispanics, followed by African Americans and Asians.”

The survey was conducted before the advent of Vision Zero. AARP praised Mayor de Blasio for prioritizing street safety.

“Our city streets can be a rough place for pedestrians, especially those 50 and older. Being struck by a vehicle is the second leading cause of injury-related death for older New Yorkers,” said Beth Finkel, director for AARP in New York State, in the press release. “AARP commends Mayor de Blasio’s focus on addressing this issue and for working to make New York City’s streets safer for pedestrians of all ages.”

The pedestrian fatality rate for people age 60 and older in the tri-state region is nearly three times the rate for residents under 60, according to the Tri-State Transportation Campaign. TSTC’s 2013 “Older Pedestrians At Risk” report found that older NYC pedestrians suffer disproportionately from traffic violence.

Crash data compiled by Streetsblog show that drivers have killed at least 27 pedestrians age 50 and older in 2014, compared to 29 fatalities during the same time period last year.

The complete AARP survey is here.

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No Charges for Motorist Who Killed Senior Margherita Nanfro in Bath Beach

Would daylighting the intersection of Rutherford Place and Bay 16th Street have prevented the crash that killed Margherita Nanfro? With cursory media coverage and NYPD keeping crash reports hidden from view, the public may never know. Image: Google Maps

Would daylighting the intersection of Rutherford Place and Bay 16th Street have prevented the crash that killed Margherita Nanfro? On this and other questions, the public is left to speculate, thanks to scant information available from NYPD. Image: Google Maps

A Brooklyn driver who killed a senior by crashing into her on a neighborhood street in broad daylight was not charged by NYPD, though reports suggest the victim had the right of way.

The 37-year-old motorist drove into Margherita Nanfro as she crossed Rutherford Place at Bay 16th Street in Bath Beach at around 12:20 p.m. on July 25, according to the Home Reporter. The driver, in a Honda sedan, was westbound on Rutherford Place, a single-lane, one-way street lined with residences. Nanfro was pronounced dead at Lutheran Medical Center.

Photos published by Brooklyn Daily indicate Nanfro was struck with enough force to throw her onto the windshield. Photos show the car stopped on Rutherford Place about halfway between Bay 16th Street and 17th Avenue, the next intersection.

Though reports are vague, if Nanfro was crossing Rutherford Place at the intersection, she would have been in an unmarked crosswalk and likely would have had the right of way. Other crucial details are also missing. How, in the middle of the day, did the driver fail to see an 80-year-old crossing the street in front of her? How fast was she going in order to throw the victim onto the hood of the car? Did NYPD crash investigators address these questions? The public doesn’t know, and probably never will unless the crash report is released pursuant to a freedom of information request.

Though several outlets say the NYPD investigation is “ongoing,” the Daily News reported that according to police the driver “did not face criminal charges.”

Beginning next month, it will be a crime for a NYC motorist to strike a pedestrian or cyclist who has the right of way. But unless NYPD makes drastic changes to the way the department approaches crashes, Intro 238 will be another traffic safety law that goes all but unenforced.

This fatal crash occurred in the 62nd Precinct. To voice your concerns about neighborhood traffic safety directly to Captain William G. Taylor, the commanding officer, go to the next precinct community council meeting. The 62nd Precinct council meetings happen at 7:30 p.m. on the third Tuesday of the month at the precinct, located at 1925 Bath Avenue. Call 718-236-2501 for information.

The City Council district where Margherita Nanfro was killed is represented by Vincent Gentile. To encourage Gentile to take action to improve street safety in his district and citywide, contact him at 212-788-7363, vgentile@council.nyc.gov or @VGentile43.

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Brooklyn DAs Ignore “Rule of Two” in Death of Pedestrian Maude Savage

The driver who killed Brooklyn pedestrian Maude Savage was charged for failure to yield and driving without a license, but he was not charged with criminal negligence under the

The driver who killed Brooklyn pedestrian Maude Savage was charged for failure to yield and driving without a license, but he was not charged with criminal negligence under the “rule of two.” Image via Daily News

An unlicensed motorist who killed a senior in Brooklyn last year has pled guilty to a low-level misdemeanor and could be sentenced to probation and a nominal fine. Though the driver was charged with violating two traffic laws, current and former district attorneys Ken Thompson and Charles Hynes declined to pursue criminal negligence charges under the so-called “rule of two.”

Maude Savage was in a crosswalk and crossing with the light at Sutter and Euclid Avenues on November 25 when Robert Brown drove a commercial van into her, according to reports. Video of the crash shows that Brown barely slowed as he turned left toward Savage, leaving her no time to clear his path. Savage soon died from her injuries. She was 72.

Brown was charged by then-DA Hynes with third degree aggravated unlicensed operation, a misdemeanor that stipulates that he drove without a license when he knew or should have known he didn’t have one. Court records say he was also ticketed for failure to yield to a pedestrian in a crosswalk. Charges against Brown were not upgraded after Maude Savage died.

The rule of two is case law precedent that holds that a New York State motorist who is breaking at least two traffic laws at the time of a crash may be charged with criminal negligence. New York City prosecutors reflexively cite the rule as an obstacle to charging motorists for killing, but routinely fail to bring charges in crashes involving two or more traffic violations. The circumstances of this crash — driving without a license, failure to yield — seemingly satisfied the rule of two, but neither Hynes nor his successor Thompson exercised it.

City prosecutors tend to pursue third degree unlicensed operation as the top charge against unlicensed drivers who kill pedestrians. (It’s also applied against unlicensed drivers who turn without signaling.) Third degree unlicensed operation carries a maximum penalty of 30 days in jail and a $500 fine.

According to court records, on June 20 Brown pled guilty to unlicensed operation in the second degree, a charge that may be applied when a defendant is caught driving without a license after prior convictions for unlicensed driving, or when the defendant’s license was previously suspended or revoked pursuant to a drug or alcohol related driving offense. Second degree unlicensed operation is a more serious charge, but it’s still an unclassified misdemeanor. Penalties may include jail time, probation, and a fine of not less than $500.

Brown is scheduled to be sentenced in August.

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Surprise! People Aged 60-79 Are Behind More Than a Third of the Biking Boom

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Michael Andersen blogs for The Green Lane Project, a PeopleForBikes program that helps U.S. cities build better bike lanes to create low-stress streets.

The national surge in bicycling since 1995 may have more to do with hip surgeries than hipsters.

More than a third of the increase is coming from people between the ages of 60 and 79, an analysis of federal data shows.

As recently as the Clinton administration, biking was for the young. Riding a bicycle over the age of 55 was very rare; riding over the age of 75 was almost unheard of. Even today, the rapid drop in car use among young adults sometimes leads to assumptions that millennials are driving the nationwide boom in bike trips.

Nope.

There’s no question that Generation Y’s tendency to favor city life and declining enthusiasm for car ownership has boosted bike transportation. But as the older civil rights generation and the baby boomers who followed them have entered their golden years, they’ve quietly transformed what it means to be the kind of person who rides a bicycle.

biking rates by age

Vertical scale measures share of all trips taken by bicycle. Graphs: National Household Travel Survey

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