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Posts from the Seniors Category


Tonight: DOT Workshop on Atlantic Ave Segment Where Driver Killed Senior

Atlantic Avenue at Grant Avenue, when a driver killed 70-year-old Helen Marszalek. The nearest crosswalks are a block in either direction. Image: Google Maps

Atlantic Avenue at Grant Avenue, where a driver killed 70-year-old Helen Marszalek yesterday. There are no crosswalks at the intersection. Image: Google Maps

Yesterday a motorist killed a senior who was trying to cross Atlantic Avenue at an intersection that has no crosswalks. Tonight DOT will host a public workshop to solicit input on a safer design for Atlantic between Georgia Avenue and Rockaway Boulevard, which includes the site of Monday’s collision.

Helen Marszalek, 70, was walking across Atlantic at Grant Avenue at around 1:30 in the afternoon when she was struck by the driver of a BMW sedan in the westbound lanes. Marszalek, who lived nearby, died at Brookdale University Hospital, DNAinfo reported.

Helen Marszalek. Photo via Daily News

Helen Marszalek. Photo via Daily News

The crash occurred on a segment of Atlantic that the de Blasio administration has singled out for improvements as part of the Vision Zero Great Streets program, which concentrates on four of the city’s most dangerous streets for walking: Atlantic Avenue, Queens Boulevard, Grand Concourse, and Brooklyn’s Fourth Avenue.

Atlantic Avenue at the site of the crash is six lanes with a center median. Last summer DOT unveiled plans to redesign medians and add vehicle turn bays between Pennsylvania Avenue and Conduit Avenue, to the west, where the crash rate is higher than on 90 percent of Brooklyn streets. Phase two of the project would focus on Atlantic between Conduit Avenue and Rockaway Boulevard, encompassing the intersection where Marszalek was killed.

Based on phase one plans [PDF], DOT does not intend to reduce the number of car lanes or add bike lanes on Atlantic Avenue, though such design elements are known to reduce injuries and deaths. For phase one, DOT has proposed raising the median, turning it into a barrier that will discourage people from crossing where there are no crosswalks.

Video from the scene of yesterday’s crash showed the BMW with a dented hood and extensive damage to the windshield, indicating a high-speed collision. “I heard the boom,” said witness John Montes, the Post reported. “I ran over, and the woman … wasn’t moving.”

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Drivers Killed 3 Seniors This Weekend, Bringing 10-Day Death Toll to 11

The wave of traffic violence that began with the deaths of three people on Halloween continued over the weekend, when motorists killed three pedestrians in Manhattan and Queens. Drivers have killed at least 11 people walking in the city in the last 10 days.

The yellow cab driver who killed 88-year-old Luisa Rosario was charged under the Right of Way Law. Photo via Daily News

The yellow cab driver who killed 88-year-old Luisa Rosario was charged under the Right of Way Law. Photo via Daily News

The three most recent victims were all seniors. At approximately 12:45 a.m. Sunday, Salifu Abubkar drove a yellow cab into 88-year-old Luisa Rosario as she crossed W. 109th Street at Columbus Avenue in the crosswalk with the walk signal, according to published accounts. Abubkar was turning right from Columbus onto 109th, Gothamist reported, as Rosario was crossing 109th from north to south. Rosario died at St. Luke’s hospital.

NYPD charged Abubkar with violating the Right of Way Law, according to the Times. Abubkar’s license to drive a cab was suspended.

The Daily News reported that Abubkar, who is 73, had been at the wheel for 16 hours when the crash occurred, four hours longer than cab drivers are supposed to work during a single shift. As Streetsblog has reported, New York City cabbies are permitted to log more hours per shift than long-haul truckers who drive on interstate highways.

Council Member Mark Levine, who represents the district where Rosario was killed, issued the following statement:

The tragic death of Luisa Rosario is a painful reminder that the grueling conditions many taxi drivers work under aren’t just bad for cabbies, they put all of us at risk. Mr. Abubkar reportedly drove at least 16 hours every Saturday — proof that the City is not enforcing the legal limit of 12-hour shifts. We need to put mechanisms in place to make sure no other New Yorkers are endangered by fatigued taxi drivers exceeding the legal limit for hours behind the wheel.

Rather than raise standards and improve working conditions for cab drivers under Vision Zero, the Taxi and Limousine Commission has made it easier to obtain a TLC license, as cab medallion owners complain about competition from app-based services Uber and Lyft. Under current rules prospective cab drivers are not required to pass a New York City road test. The TLC has taken no action to meaningfully address factors that make driving a cab a stressful, low-paying job.

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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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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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NYPD to Brooklyn Seniors: Stop Getting Killed by Motorists

Drivers keep killing seniors in southern Brooklyn and the NYPD’s response was to admonish seniors to be more careful crossing the street.

New York City seniors are disproportionately victimized by traffic violence. Does NYPD Chief of Transportation Thomas Chan think bright clothes are the answer?

NYC seniors are disproportionately victimized by traffic violence. Does NYPD Chief of Transportation Thomas Chan think bright clothing is the answer?

DNAinfo reports that as of September 9, eight of 15 pedestrians killed by drivers this year in the Brooklyn South command were age 65 or older.

To combat the trend, precincts in the area have distributed fliers and notices to residents giving tips to older pedestrians on how to navigate the streets safely.

The fliers suggest wearing “light or bright colored clothing so drivers will notice you,” waiting for a fresh walk signal to cross and treating driveways with the same caution before crossing as if they were roads.

Got that? NYPD says it’s up to seniors to avoid being struck by drivers even when on the sidewalk.

Streetsblog has tracked six crashes that claimed the lives of senior pedestrians so far this year in Brooklyn South. Three of the victims were age 90 and older. In at least four cases, the victim was reportedly proceeding with the right of way when she or he was hit. Three victims were hit by drivers making turns, and in two cases drivers struck the victims while backing up. This is consistent with city studies showing that motorist behavior is the primary factor in most crashes that injure pedestrians.

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MTA Bus Driver Kills Senior in Midtown; NYPD, Media Blame Deceased Victim

West 57th Street, looking westbound, where an MTA bus driver killed Rochel Wahrman this morning. Image: Google Maps

West 57th Street, looking westbound, where an MTA bus driver killed Rochel Wahrman this morning. Image: Google Maps

An MTA bus driver killed a senior in Midtown this morning.

At around 9:40 a.m. Rochel Wahrman, 69, was crossing W. 57th Street between Broadway and Eighth Avenue south to north when the driver of a westbound X5 hit her with the left side of the bus, according to reports.

From the Daily News:

The fatally injured woman was on her knees, leaning up against the bus, in the moments following the crash, witnesses said.

She had her head bowed down… she wasn’t moving,” said Shams Sheikh, 56, manager of a nearby newsstand. “The medics came right away.”

Wahrman died at New York-Presbyterian Hospital/Weill Cornell Medical Center.

West 57th Street is four lanes, two in each direction, at the site of the crash. Photos of the scene show the bus stopped in the inside westbound lane. If Wahrman was crossing south to north, she would have walked across two lanes, approaching the middle of the street from the bus driver’s left, before she was hit.

DNAinfo and JP Updates cited police sources who said Wahrman was jaywalking and that the bus driver had the right of way. There were no reports of how fast the driver was going, or how he failed to see Wahrman in the street.

NYPD told JP Updates “no criminal activity was suspected” and “police are not expecting to file any charges.”

Wahrman was at least the second person struck by an express bus driver in Midtown in eight days. On August 12, a BxM9 driver seriously injured a man with a cane on Fifth Avenue at 56th Street. The MTA and DNAinfo blamed the victim.


DA Richard Brown: $500 Fine for Hit-and-Run Driver Who Injured Senior

Pursuant to a plea deal with Queens District Attorney Richard Brown, an allegedly unlicensed and impaired motorist who reportedly has a history of reckless driving arrests was sentenced to a small fine and probation for running over a senior and trying to flee the scene.


Queens DA Richard Brown

William Stafford “plowed his 2005 BMW into an 89-year-old man” at 25th Avenue and 44th Street in Astoria last October, the Daily News reported.

He stopped and tried to drive away, but horrified witnesses said they stopped him from speeding off.

The senior, known in the neighborhood as Benny, was bleeding from the ears.

Stafford was arrested two times before, once for driving on a suspended license in 2008 and once for drunk driving in 2009.

Brown charged Stafford with felony assault, felony leaving the scene, operating a motor vehicle while impaired by drugs, aggravated unlicensed operation, and other offenses. But in May, Brown dismissed the top charge — felony assault — and allowed Stafford to plead guilty to one count of misdemeanor leaving the scene.

Stafford could have gotten a year in jail. On Monday Judge Dorothy Chin Brandt sentenced him to a $500 fine and three years probation, plus $88 in court costs, according to court records.

Richard Brown, who has a horrendous record of failing to prosecute drivers who hurt and kill people, is currently running unopposed for another term. He has held the office of Queens DA since 1991.


Unlicensed Dump Truck Driver Kills Senior Near Bowery and Canal

A dangerous intersection awaiting a safety fix. A precinct that lags on street safety. And a driver who could have faced stronger charges if Albany had taken action. Image: WNBC

The driver of this truck was operating with a suspended license when he struck and killed Ka Chor Yau last week. Image: WNBC

On Friday afternoon, a dump truck driver with a suspended license struck and killed 83-year-old Ka Chor Yau, who was crossing a deadly intersection at the base of the Manhattan Bridge in Chinatown. The same intersection is due to receive pedestrian safety improvements this summer.

The driver, 24-year-old Maykel Felix-Tejada of Paterson, New Jersey, was arrested for aggravated unlicensed operation, the standard charge for driving without a valid license. He was not charged for any crimes related to Yau’s death. Police said Yau was outside the crosswalk and did not have the right of way.

A bill to toughen penalties for unlicensed drivers who injure or kill passed the State Senate earlier this year but did not clear the Assembly. Under the bill, these drivers would face felony charges for vehicular assault or vehicular homicide.

The intersection where Yau was killed is slated to receive upgrades that would make it safer for pedestrians to cross near the mouth of the Manhattan Bridge. The plan to add a crosswalk, traffic signal, and curb extensions has received the support of Manhattan Community Board 3, and DOT says implementation is slated to begin in early August, with completion in October.

Council Member Margaret Chin, who represents the area, has regularly spoken out about pedestrian deaths on Canal Street. Her bill requiring DOT to study bicycle and pedestrian safety along truck routes, including Canal Street, was signed by Mayor Bill de Blasio last month.

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Cy Vance: Repeat Hit-and-Run Killer Shouldn’t Drive Again; Judge: Disagree

A driver who killed two people in separate hit-and-run crashes could be driving again in two years after a judge disregarded a sentencing recommendation from Manhattan District Attorney Cy Vance.


Jack Montelbano killed two people in separate hit-and-run crashes. Manhattan DA Cy Vance recommended he never be allowed to drive again, but a judge revoked his license for just two years. Photo: Facebook via Gothamist

In 2013 Jack Montelbano ran over 69-year-old Shu Ying Liu with a private dump truck as Liu crossed 41st Street at Ninth Avenue in the crosswalk and with the right of way. Montelbano kept driving, and was later arrested in New Jersey, where he lived and where the truck was registered.

Vance charged Montelbano with felony leaving the scene, and last month he was convicted at trial.

Montelbano had killed while driving before. Incredibly, according to Vance’s office, he fatally struck another person and left the scene at the same Manhattan intersection in 2008.

Vance’s office said Montelbano was involved in a third hit-and-run crash, after which he registered a blood alcohol content of .18.

Montelbano accumulated over 20 offenses on his driving record in 30 years, according to Vance’s office, including speeding, following too closely, and driving with a suspended license. Some of those incidents occurred while Montelbano was operating commercial vehicles, Vance’s office said.

Given the class D felony conviction and Montelbano’s exceptional history of reckless driving, prosecutors recommended a sentence of two to six years in state prison and a permanent license revocation.

Instead Judge Anthony Ferrara sentenced Montelbano to six months in jail and five years probation, and revoked his driving privileges for two years. Per the terms of the sentence, Montelbano is prohibited from driving a commercial vehicle for five years, and his New York commercial vehicle license was permanently revoked.

“This driver showed cowardly and callous disregard for human life when he knowingly abandoned a critically injured person who wound up dying from injuries related to this crash,” said Vance spokesperson Joan Vollero, in a statement emailed to Streetsblog. “Making city streets safer for all New Yorkers is a priority for this Office, and has been the guiding principle behind our participation in regular meetings with the NYC Department of Transportation, Vision Zero panels, discussions with members of Families for Safe Streets and Transportation Alternatives, among others.”

In New York State, a revocation means a driver must apply to have his license reinstated. From what we can tell the process is similar in New Jersey. While it’s possible Montelbano won’t get his license back, Ferrara could have taken a reckless killer off the roads for good.


Cy Vance Nets Felony Conviction of Driver Who Killed Senior Shu Ying Liu

Manhattan District Attorney Cy Vance secured a felony hit-and-run conviction against a truck driver who killed a senior in Hell’s Kitchen.

Cy Vance. Photo: Manhattan DA

On February 5, 2013, Jack Montelbano ran over 69-year-old Shu Ying Liu with a private dump truck as Liu crossed 41st Street at Ninth Avenue in the crosswalk and with the right of way. The Times reported that Montelbano drove away from the scene though witnesses alerted him to the collision.

Liu, who reportedly once worked as a magazine editor in China, lived on W. 54th Street, near the site of the crash. She was pronounced dead at St. Luke’s-Roosevelt Hospital.

Police found Montelbano in New Jersey, where he lived and where the truck was registered. A prosecutor with Vance’s office said Montelbano was “involved in a fatal car crash at that same spot several years ago,” the Post reported after Montelbano’s arrest.

Vance charged Montelbano with felony leaving the scene. Montelbano pled not guilty and was convicted at trial last Friday, June 19. The case was prosecuted by ADA Patricia Stolfi Collins.

To convict a driver for hit-and-run in New York State, prosecutors must prove a motorist knew or had reason to know an injury occurred. This is more difficult than it may seem. Under state law, “I didn’t see her” is not an admission of guilt, but a potent defense strategy. In another case brought by Vance, a jury acquitted the postal worker who killed cyclist Marilyn Dershowitz, despite video evidence showing the driver stop his truck after the collision before driving away from the scene.

Montelbano was convicted of a class D felony, which carries penalties ranging from probation to seven years in prison. He is scheduled to be sentenced in July.

Years before Liu was killed, Community Board 4 asked DOT to give people more time to cross at Ninth Avenue and W. 41st Street, an intersection with a history of crashes. Liu’s death sparked renewed calls for DOT action, and the agency finally made improvements, including a dedicated pedestrian signal phase, last summer.