Fatal car accidents are occurring at an alarming rate in New York as we discussed in our previous blog entry. Unfortunately, we have another example in Westchester County to illustrate this point.
On November 20, 2014 a 42 year old Elmsford man was struck and killed by a RAV4 as he was crossing the Saw Mill River Parkway in Dobbs Ferry. According to the Westchester County Police the 38 year old man who was driving the RAV4 in this fatal car accident was cooperative with authorities and that “preliminarily, drugs or alcohol do not appear to be involved.”
This driver will have to endure the consequences of this car accident which will include having to appear at a fatal motor vehicle hearing before the Department of Motor Vehicles to be presided over by an Administrative Law Judge. Testimony will be taken at this hearing. A representative of the deceased’s estate may attend and testify. The judge has the power to suspend or revoke the motorist’s driver’s license pursuant to Vehicle & Traffic Law 510[e] upon a finding that the driver was guilty of
“gross negligence in the operation of a motor vehicle or motorcycle or operating a motor vehicle or motorcycle in a manner showing a reckless disregard for life or property of others;”
It is imperative to have an attorney appear and represent the driver at such a hearing. These hearings are emotionally draining and have consequences beyond the suspension or revocation of a driver’s license.