Drug Impaired Driver Kills Brooklyn Woman in Hit and Run Car Accident
WPIX reported a depressing story about a 26-year-old Brooklyn woman who was killed in a hit and run accident in Upper Manhattan. Erica Imbasciani was struck Friday, March 22nd, around 9:40 pm. She was walking at Amsterdam and West 141 Street when 27-year-old Tyrik Cooper hit her with his 2003 GMC Denali. The victim was pinned between the Denali and another parked vehicle.
Emergency personnel rushed to the scene and found Imbasciani with severe trauma to her body and head. She was taken to the hospital but pronounced dead there.
According to police, Cooper tried to flee the scene, heading south on Amsterdam Avenue but hitting another vehicle that was stopped at an intersection before ultimately being apprehended. According to police, Cooper was high at the time of the collision. He is facing several criminal charges, including vehicular manslaughter, vehicular assault, failure to report an accident, and operating a motor vehicle impaired by drugs. He could face many years in jail if convicted.
Driving While Impaired is Negligence
Driving while high on drugs is a crime in New York, and violators can suffer harsh criminal sentences. The purpose of these penalties is to deter the defendant from committing the crime again and to express public disapproval of the crime.
However, impaired driving is also a civil wrong, called a “tort.” And when a person injures someone, they can be held responsible in a car accident lawsuit for injuries caused.
The key to a car accident case is to prove that the defendant was negligent, and this is easy to do if the driver was impaired by drugs or alcohol. A reasonably careful person would not get behind the wheel while intoxicated, so the failure to exercise sufficient caution makes the motorist liable. If they slam into you, then you can sue them for compensation.
The tragedy in Upper Manhattan unfortunately led to the loss of a young woman’s life. Because the woman died, she can’t bring a car accident lawsuit against the driver herself. However, her family might be able to sustain a wrongful death lawsuit.
In New York, the deceased’s personal representative is responsible for filing the case. This is the person who oversees the administration of the estate during probate. Typically, a personal representative is identified in a will; but, if you loved one left no will, then the probate court will appoint someone.
We have seen family members obtain a measure of comfort after winning a wrongful death case. They can also receive some compensation, such as the costs of funeral or burial expenses, medical care, and the wages the deceased would have earned had the death not occurred.
Contact Our Injury Law Firm for a Free Consultation
If you have lost a loved one in an accident, or if you suffered personal injuries, you should consider an accident lawsuit against the responsible parties. At the Law Offices of David J. Hernandez & Associates, our Brooklyn car accident attorneys have a record of obtaining life-changing results for injured clients and their families.
Contact us today by calling 718-407-4123 and we can schedule a free, no-risk evaluation of your case.