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Posts from the Seniors Category

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Driver Kills 80-Year-Old in Midtown Precinct That Barely Enforces Speeding

W. 57th Street at Seventh Avenue, where a driver hit and killed 80-year-old Richard Headley. Image: Google Maps

W. 57th Street at Seventh Avenue, where a driver hit and killed 80-year-old Richard Headley. Image: Google Maps

A motorist killed an 80-year-old man walking in a Midtown police precinct that rarely enforces the speed limit. NYPD and District Attorney Cy Vance filed no charges.

Richard Headley was crossing W. 57th Street at Seventh Avenue at around 8 p.m. Sunday when a 23-year-old man, driving eastbound on W. 57th, hit him with an Audi sedan, Gothamist reported.

Inspector John B. Hart, CO of the Midtown North Precinct. Precinct officers ticket a motorist for speeding about once a day, on average.

Inspector John B. Hart, CO of the Midtown North Precinct. Precinct officers ticket a motorist for speeding about once a day, on average.

Anonymous “police and sources” told the Daily News the octogenarian “was not in the crosswalk when he was struck.” As usual, the actions of the motorist who took the victim’s life — how fast he was driving, if he was distracted, how he failed to avoid striking an 80-year-old in the street in front of him — were not addressed.

Headley died in the hospital on Monday. The driver who killed him was not charged criminally and did not receive a traffic ticket.

Headley was killed in the Midtown North/18th Precinct, where officers ticketed 80 drivers for speeding this year as of March. The precinct issued just 183 speeding summonses in 2015.

Motorists have killed at least three people walking in the Midtown North Precinct since last August, according to crash data compiled by Streetsblog. Crash data mapped by the city show Midtown North ranks among the worst precincts in terms of density of traffic injuries.

If you’d like to voice your concerns about traffic violence to Inspector John B. Hart, commanding officer of Midtown North, the precinct community council meets on the third Tuesday of the month at 7:00 p.m. at the station house, 306 W. 54th Street. Call 212-767-8447 for information.

Richard Headley was killed in the City Council district represented by Dan Garodnick.

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Drivers Have Killed Seven People on Hylan Boulevard in 12 Months [Updated]

Update: The victim in this crash was identified as Mary Cerqua. The driver, Deborah Pecoraro, blamed Cerqua for the collision, but video footage led police to charge Pecoraro with a Right of Way Law violation, according to the Daily News. NY1 posted video of the crash.

A motorist struck and killed a senior in a crosswalk on Hylan Boulevard this morning.

The crash happened at 9:24 a.m. The 73-year-old victim was crossing Hylan east to west when she was hit by the driver of a Nissan SUV, who was turning left onto the boulevard from Wiman Avenue, the Staten Island Advance reported.

The victim sustained head trauma and was pronounced dead at Staten Island University Hospital, according to the Advance. Police had not released her name as of early this afternoon, pending family notification. The driver was identified only as a 55-year-old woman.

A police spokesperson could not confirm who had the right of way, but told Streetsblog “the motorist was taken in for questioning.” The NYPD public information office had no further details about the investigation.

Drivers have killed at least seven people walking or biking on Hylan Boulevard in the last 12 months, according to crash data tracked by Streetsblog. City data show 17 people were injured in crashes at Hylan and Wiman since 2010.

Data compiled by the state indicate the number of crashes in Staten Island dropped last year, but traffic fatalities almost doubled compared to 2014. A 2015 DOT report found that while the number of pedestrians killed by motorists citywide declined sharply since the 1980s, Staten Island showed no downward trend.

Meanwhile, Staten Island electeds are far more inclined to pander to motorists — even those who break traffic laws — than take action to make streets safer.

This morning’s fatal crash occurred in the 122nd Precinct, where officers issued just 200 failure to yield summonses in 2015, and in the City Council district represented by Joe Borelli.

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No Charges for UES Motorist Who Killed Senior While Backing Up to Park

Mary Jo Myszelow was killed by a driver backing up to get a parking spot on Madison Avenue near E. 95th Street. No charges were filed. Image: Google Maps

Mary Jo Myszelow was killed by a driver backing up to get a parking spot on Madison Avenue near E. 95th Street. No charges were filed. Image: Google Maps

Another New York City pedestrian has been killed by a motorist backing up in pursuit of a parking space.

At around 5:50 p.m. on March 26, Mary Jo Myszelow, 76, was crossing Madison Avenue near E. 95th Street, east to west, when she was hit with a 2013 Lincoln sedan. The Post reported that the driver, headed north on Madison, “spotted an available spot” and was backing toward it as Myszelow began to cross the street.

WNBC said Myszelow, who suffered a head injury, was “conscious and alert” at the scene. Reports conflict as to whether she died last Thursday or Friday.

Myszelow lived in Cornwall, in Orange County. An obituary published by the Middletown Times Herald-Record, which gives the date of death as March 31, says she once worked at RCA and the United Nations. “Besides being fluent in Italian, she taught English to children while living in Germany,” the obituary says. “As a world traveler Mary Jo visited China, Tibet, Australia, Turkey, Peru, Italy, France, Spain, Morocco, Mexico and the Galapagos Islands.”

The driver who killed Mary Jo Myszelow, whose name was shielded by police, was not charged criminally or issued a traffic ticket. NYPD said Myszelow was crossing in the middle of the block, but state law says “[t]he driver of a vehicle shall not back the same unless such movement can be made with safety.” An NYPD spokesperson told Streetsblog the investigation into the crash was ongoing as of this morning.

Myszelow was the second NYC pedestrian known to have been fatally struck by a driver backing up for a parking spot in the last four weeks. Motorists have killed six pedestrians while driving in reverse on New York City streets since May 2015, according to crash data compiled by Streetsblog.

Mary Jo Myszelow was one of at least two pedestrians killed by motorists in the 19th Precinct in March. The crash occurred in Community District 8 — where NIMBYs scream bloody murder at the prospect of minor street safety improvements — and in the City Council district represented by Dan Garodnick.

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No Charges for Driver Who Killed Dorothy Heimann, 90, in Whitestone

The Whitestone intersection where a turning driver mortally injured 90-year-old Dorothy Heimann. Image: Google Maps

The Whitestone intersection where a turning driver mortally injured 90-year-old Dorothy Heimann. Image: Google Maps

NYPD and Queens District Attorney Richard Brown filed no charges against a driver who hit a 90-year-old woman last month, causing fatal injuries.

The victim was struck in the 109th Precinct, which made news last year for initiating a crackdown on walking in response to a series of pedestrian deaths at the hands of motorists.

Dorothy Heimann was crossing Clintonville Street at around 9:50 a.m. on February 7 when the driver hit her with a Jeep SUV while turning left from 17th Avenue, according to NYPD and accounts published by Gothamist and Ridgewood Times.

Clintonville Street at 17th Avenue, in Whitestone, is a signalized intersection of two-way residential streets. There is no exclusive turn signal, according to Google Maps photos, so if the driver had a green light, it’s likely Heimann would have been crossing with the right of way.

Heimann, who lived in Whitestone, suffered head trauma. She died on March 4.

The Right of Way Law gives police and prosecutors a tool to hold drivers accountable for harming pedestrians and cyclists who are following traffic rules, but NYPD and city DAs rarely use it. As is usually the case when law enforcers don’t file charges for a serious crash, NYPD withheld the name of the motorist.

Gothamist reported that the driver fled the scene, but the NYPD spokesperson I talked with said she saw no indication that the crash was a hit and run.

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Vance Drops Right of Way Charge Against Truck Driver Who Killed Senior

Manhattan District Attorney Cy Vance dropped a Right of Way Law charge against a truck driver who killed a senior on the Upper East Side.

On the afternoon of October 10, 2014, Victor Hernandez hit 86-year-old Peter Romano with a Coca-Cola truck while making a right turn at the corner of Third Avenue and E. 96th Street, according to reports.

“The driver wanted to keep going, people had to tell him to stop,” witness Edwin Rios, told the Post. “People were yelling please stop, please stop.”

Police said Romano was in the crosswalk and was crossing with the signal. On October 11, the NYPD Highway Division announced that the driver was arrested for failing to yield.

Vance’s office conducted a 15-month investigation of the crash. Last week, prosecutors dropped their case against Hernandez without taking it to trial.

According to Vance’s office, prosecutors said in court that Hernandez was not using his phone at the time of the crash and was not impaired. Prosecutors told the court that Hernandez stopped at the light and that several people crossed in front of his truck before he proceeded to turn.

In explaining their decision to drop the case, prosecutors said they believed Hernandez’s visibility was hindered due to the truck’s design and because the victim was 5’5” tall. Prosecutors noted that Hernandez did not leave the scene, and said they could not conclude beyond a reasonable doubt that he was not exercising due care when he ran over Romano.

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

The Daily News reported that Abubakar, 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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