MTA Bus Driver Charged After a Hit-and-Run Accident in Staten Island Results in Death

An MTA bus driver who killed a 69-year-old man in Staten Island and fled the scene is now facing criminal charges, according to news reports. The victim, Patrick Varriale, was crossing Forest Hill and Platinum Avenue intersection at around 4:30 a.m. on May 13, 2022.

As Varriale was crossing the road, an MTA bus driver collided with him, but didn’t stop and continued down the street. The driver was later identified, questioned, and arrested for the hit-and-run accident. He was charged with leaving the scene of an accident resulting in death and failure to exercise due care.

Hit-and-run accidents are tragically common in New York and across the United States. While fleeing the scene of an accident that results in death can be charged as a crime, loved ones of hit-and-run-accident victims can also pursue civil wrongful death lawsuits against the at-fault party. 

Can You File an Insurance Claim for a Fatal Hit-and-Run Accident?

The hit-and-run driver may never be found or come forward because they may face criminal prosecution for leaving the scene of the accident. Hit-and-run drivers are considered “uninsured motorists” by an injured pedestrian or the occupant’s insurance companies. In that case, the victim’s or their household’s auto insurance policy may step in and provide insurance coverage and medical benefits.

Since uninsured motorist claims are fact sensitive and often are affected by a victim’s place of residence, anyone wishing to make an uninsured motorist claim should contact an experienced and qualified injury lawyer to determine their rights.

Who Can Claim Compensation for Death in an Accident?

In New York, a wrongful death lawsuit can only be filed by the personal representative of the victim’s estate. The recovered damages are then distributed based on wills, trusts, and state law. A surviving family member can only file a claim if they are appointed as the victim’s representative. However, compensation may be passed to the victim’s surviving spouse, children, parents, or siblings.

What Damages Can Be Recovered for a Fatal Hit-and-Run Accident in New York?

You could be entitled to compensation if your loved one was killed in a fatal car accident in New York. Depending on the circumstances of your case, you and the victim’s loved ones might be able to recover damages such as the following:

• Funeral and burial expenses
• Any necessary medical expenses incurred by the victim before they passed away
• Loss of future income contributions
• Other financial costs associated with your loved one’s death

Statute of Limitations for Wrongful Death Claims in New York

The statute of limitations for wrongful death lawsuits in New York is currently two years. This gives victims’ families and estates two years to initiate legal action by filing a complaint in the appropriate court. If you fail to file a lawsuit within this time frame, the court will most likely dismiss your case.

Contact the New York Hit-and-Run Accident Lawyers at Davis, Saperstein & Salomon, P.C. Today

Was your loved one killed in a hit-and-run or other type of traffic accident? If so, you deserve a chance to hold the at-fault party accountable for their actions. Contact the New York wrongful death attorneys at Davis, Saperstein & Salomon, P.C. for a free consultation today.

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Double-Decker Bus Crash on New Jersey Turnpike Kills Two, Injures Nearly Two Dozen

A fatal accident involving a double-decker Megabus out of New York City occurred on the NJ Turnpike in Middlesex County on August 8, 2022. The crash happened around 6:53 PM near the Thomas Edison Service Area entrance ramp in Woodbridge, NJ. The bus, carrying 22 passengers, lost control and struck a Ford F-150 pickup, landing on its side. Riders had no choice but to climb out windows and roof hatches to escape, while firefighters had to use the jaws of life to help those trapped inside. The bus driver, along with three others, was seriously injured.

In contrast, many others sustained minor injuries and were taken to Robert Wood Johnson University Hospital, Raritan Bay Medical Center, and Staten Island University Hospital. One woman, Sheryl Johnson of the Bronx, NY, was pronounced dead at the scene, while another woman, Cecilia Kiyanitza of Woodbury, NJ, died after being airlifted to a local hospital. According to state police, the cause of the accident remains under investigation.

A report from News 12 NJ claims that Megabus has a decent safety record from the two previous years and does not have any widespread issues. The subsidiary of Megabus that covers this part of the country, Megabus Northeast, LLC, also supposedly has a good safety record, with no fatal accidents and only two prior accidents involving injury over the last two years. Although admirable, if the Megabus driver is careless or negligent, their track record is irrelevant and not admissible in Court as a defense.  

Where Does That Leave the Bus Crash Injured Passengers?

The answer is that a bus, especially a Megabus, is known as a “common carrier” when it travels in New Jersey. Under the law, a common carrier has the highest duty of care to provide for the safety of their passengers. If a common carrier fails to meet this standard of care, they can be responsible for all an injured person’s “damages,” which include:

• Out-of-pocket medical bills, such as hospital, physician, and therapy bills
• Future medical bills 
• Lost wages and income opportunities
• Past, present, and future pain and suffering, which is an unlimited amount 
• Disfigurement and scarring 
• Emotional and psychological injuries
• Possible punitive damages

Who Can Be Held Liable For A Bus Accident?

Bus accident cases can be complicated because often, the bus operator tries to blame the cause of the bus wreck on another driver. That is where accident reconstruction experts come into the picture. Since there were deaths involved, the county prosecutor’s office dispatched the fatal accident unit to the collision scene. They take measurements of skids with lasers and examine tangible evidence such as property damage. They often impound the vehicle to examine it for mechanical defects and its “black box,” similar to a crashed aircraft. There may be a dash cam preserving the actual collision.

The driver, if medically able, is interviewed for a statement and is subjected to a blood test for legal and illegal drugs and medications. The investigation usually lasts months until the final report is issued. In the interim, private attorneys representing the injured or fatalities should retain accident reconstruction experts because a private expert witness will be required to give an opinion on the cause of the crash. Often, the official police report, although thorough, does not come to a clear conclusion.

What Should A Family Do After Losing a Loved One in a Fatal Bus Crash?

The best legal advice to people injured in a bus accident is to hire a personal injury lawyer with experience handling injury and wrongful death bus accident cases. These lawyers understand that the negligence may have occurred in the hiring, training, and supervising of a negligent bus driver.   

Losing a life in any accident is tragic, and loved ones are never fully prepared for the wave of grief and anguish. However, some family members find solace in filing a wrongful death claim against those responsible for their pain. The bus and trucking accident attorneys at Davis, Saperstein & Salomon, P.C. have decades of experience filing wrongful death and injury claims on behalf of heartbroken families.

A wrongful death claim comprises several parts, including pain and suffering that the deceased endured up until death. Whether the suffering occurred within seconds is included in the lawsuit. The second part of the claim deals with the amount of money lost by the decedent’s surviving family members, including economic losses. To prove these future losses, skilled attorneys often hire economists who can testify about the future financial loss to the deceased’s family.

Contact Our Bus Accident and Wrongful Death Lawyers To Get the Compensation You Deserve

Our attorneys, many of whom are Certified by the Supreme Court of New Jersey as Civil Trial Attorneys with a proven track record of winning millions of dollars for bus accident victims, understand the significance of a crash like this. Contact our bus accident and wrongful death trial lawyers today at 201-444-4444. 

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Assistant Bergen County Prosecutor Killed in Motorcycle Crash with SUV in Hackensack

On July 29, 2022, Assistant Bergen County Prosecutor Avon Morgan was sadly killed in a motorcycle crash in Hackensack, NJ. According to online reports, the tragedy occurred at the railroad crossing at Essex St. and East Railroad Ave. when the motorcycle and an SUV collided. Morgan, who began working for the Bergen County Prosecutor’s Office in 2016, was taken to Hackensack University Medical Center, where he succumbed to his injuries. The driver of the SUV was also taken to the HUMC for neck pain.

The Bergen County Fatal Accident Division, consisting of well-trained law enforcement officers, prosecutors, accident reconstruction experts, and the Hackensack Police Department, is investigating the crash. Any loss of life is tragic, but this one hit Bergen County especially hard because it involved one of their own.

Common Causes of Motorcycle Crashes in New Jersey

Many motorcycle accidents are caused due to the negligence of others, including some of the following factors:

• Distracted driving – use of cell phones, eating, listening to the radio, etc. 
• Intoxicated drivers under the influence of alcohol or drugs
• Speeding 
• Negligent left-hand turn crashes by inattentive drivers
• Unsafe or blind lane changes
• Cars and trucking failing to yield the right of way to a motorcycle
• Roadway defects

Other Recent Motorcycle Accidents in New Jersey Have Also Being Fatal

In a separate motorcycle accident on July 30, 2022, it was reported that a 23-year-old man was killed after crashing his motorcycle into a utility pole a day prior in Howell, located in Monmouth County, NJ. He was rushed to Jersey Shore University Medical Center in Neptune and died. Several weeks earlier, over the 4th of July holiday weekend, a retired Teaneck Police Officer was critically injured on Route 208 in Paramus, NJ, after his motorcycle struck a piece of poorly maintained roadway. Thankfully, he survived but was taken to Hackensack University Medical Center by the Glen Rock Volunteer Ambulance Corps. with severe injuries. 

Our Personal Injury Attorneys Can Represent You to Get the Compensation You Deserve

The personal injury attorneys at Davis, Saperstein & Salomon, P.C. have decades of experience handling motorcycle injury cases. Founding Partner Garry Salomon, Esq. has personally represented many clients involved in motorcycle collisions. Several years ago, he represented a man from Bergen County who was critically injured after colliding with a bus that failed to yield. In 2021, Salomon and his Partner, Adam Lederman, Esq., settled a case out of Somerset County, NJ, where a man was violently thrown from his motorcycle after being hit by an ambulance en route to the hospital.

Losing a loved one in a motorcycle crash is devastating, and though nothing can ever fill the void, you may be entitled to compensation if someone else’s negligence caused the accident. Our motorcycle accident attorneys understand the intricate investigation process that a wrongful death claim brings and will seek justice for our clients and their families. Contact us online or call us now at 201-444-4444. 

The Bergen County Legal Community and attorneys at Davis, Saperstein & Salomon wish Avon Morgan’s family well during this difficult time. 

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