Short summary: A 61-year-old woman was killed Tuesday morning crossing Union Turnpike in Kew Gardens Hills, just outside the marked crosswalk. Crossing outside the lines does not generally erase a family's right to compensation, it just changes how the claim gets built.
She was walking near her home at the Village Mall at Hillcrest Condominiums, according to police. Just before 8 a.m., a 56-year-old woman driving a Honda Civic made a left turn from Main Street onto Union Turnpike and struck her.
She suffered severe head trauma at the scene. EMS rushed her to Jamaica Hospital Medical Center, where she was pronounced dead. No charges have been reported as of this writing.
Why "outside the crosswalk" matters, but doesn't end the case
New York uses a rule called comparative negligence. Generally, a driver's insurer will try to use the crosswalk detail to shift blame onto the person who was hit.
But that argument only reduces a payout, it doesn't erase it. A driver who is turning still has a duty to watch for people in the road, crosswalk or not.
What actually decides fault
- Whether the driver was watching the road while turning
- The vehicle's speed and the sight lines at the intersection
- Whether the pedestrian had already started crossing before the car turned
- Any traffic camera or witness footage from nearby businesses
What families in this situation should do
If a case like this touches your family, here's where to start.
Get the police report and CIS file
NYPD's Highway District Collision Investigation Squad often handles crashes like this one. Ask for the case number and request the full report once it's ready.
Don't accept "no charges" as the final word
No criminal charges doesn't mean no civil claim. Read more in our guide on what to do after a car accident in New York.
Watch the clock
Deadlines vary by situation, which is exactly why it helps to get advice now rather than wait. Our 30-day no-fault deadline guide explains the first clock that starts ticking.
Questions New Yorkers ask us
If I was crossing outside the crosswalk, do I still have a case?
Generally, yes. New York's comparative negligence rule means your own actions can reduce your payout, but they rarely wipe it out entirely, especially if the driver was turning without a clear line of sight.
What if police say no charges will be filed?
A civil claim is separate from criminal charges. Insurers and courts use a lower bar of proof, so a case can generally move forward even when no one is arrested.
How long does my family have to file a claim?
It depends on the type of claim and who is involved. That is why it is worth getting a free review early, before evidence disappears.
Not sure where you stand after a crash? Get your free case review or call (347) 526-1246. A real person answers, 24/7.
Reporting: QNS.
