Apolonia Montejos of Hempstead Died In Long Island Crash With Cargo Van Along Bennett Avenue By Fulton Avenue
NASSAU COUNTY, NEW YORK (November 22, 2021) – An 81-year-old woman from Hempstead identified as Apolonia Montejos has tragically died in a cargo van accident near the intersection of Bennett Avenue and Fulton Avenue.
Long Island police officials are saying that the collision took place around 5:30 p.m. on Saturday, November 20th. Apolonia Montejos was attempting to cross the road when she was struck by a 2019 Ford cargo van.
The driver of the van remained at the scene and called for police officials. Paramedics were called to the scene in order to help Apolonia Montejos.
Despite life-saving measures from first responders and medical staff, she died following the collision. A full investigation into the Nassau County cargo van accident remains ongoing at this time.
Liability In Long Island Van Accidents
Car accidents remain one of the leading causes of serious injury and death in New York. According to the New York Department of Health, “On average there were 312 deaths each year due to motor vehicle traffic-related pedestrian injuries, killing 1.6 of every 100,000 New Yorkers. The rates were highest for males and New Yorkers 65 and older. The rate of deaths due to motor vehicle traffic-related pedestrian injuries has remained fairly consistent with a high of 2.0 deaths per 100,000 New Yorkers in 2001 and a low of 1.4 deaths per 100,000 in 2007-2009 and 2014.” Pedestrians over the age of 65 are typically at the greatest risk of being involved in pedestrian collisions. There are a number of factors that could potentially contribute to a pedestrian collision.
- Drunk driving
- Distracted driving
- Inclement weather
- Dangerous roadways
People that drive commercial vehicles will typically need to get a commercial driver’s license (CDL). They are held to a high standard in terms of safety and serious traffic infractions may jeopardize a person’s ability to maintain a CDL. According to New York Vehicle & Traffic Law § 1146(a), every person must exercise due care in order to avoid hitting pedestrians, bicyclists and domestic animals in the roadway. Drivers must also alert others of their presence through the use of their horn when necessary.
All drivers must be especially vigilant at intersections where pedestrians are likely to cross. Pursuant to New York Vehicle & Traffic Law § 1142(b), “The driver of a vehicle approaching a yield sign shall in obedience to such sign slow down to a speed reasonable for existing conditions, or shall stop if necessary as provided in section eleven hundred seventy-two, and shall yield the right of way to any pedestrian legally crossing the roadway on which he is driving.” Failure to exercise due care to avoid hitting a pedestrian could result in a driver being held liable for an accident.
If the driver responsible for the collision was driving a commercial vehicle, their employer could be held liable. Generally speaking, companies can be held vicariously liable for the negligent actions of their employees. However, many companies will try to limit their legal responsibility for an accident by hiring their drivers as independent contractors. It is important to determine the employment status of a driver at the time of a collision. There are a number of other items that should be investigated.
- Eye witnesses to the collision should be interviewed.
- Surveillance footage should be sought.
- Medical records should be preserved. The injuries that a person sustained can paint a picture of what happened even when there are no witnesses.
- A thorough, independent investigation should be conducted.
The family of any victim that died in a Long Island car accident may be able to seek aid through a wrongful death claim. Damages can help cover lost wages, medical bills and funeral expenses. A wrongful death attorney can examine all of the unique facts of your case and let you know what your legal options are. There are, however, statute of limitations associated with civil claims. Failing to act within the statute of limitations may result in a permanent forfeiture of your rights.
Investigating A Long Island Van Accident
We at Gersowitz Libo & Korek, P.C. extend our deepest condolences to the family of Apolonia Montejos. Any person that may have information about what happened should reach out to police. It is our sincere hope that city officials will consider measures to help make this stretch of road safer.
This accident also raises a number of of safety concerns. Was the driver of the van distracted prior to the crash? Were they speeding? Could this tragedy have been prevented? The vast majority of pedestrian collisions are due to driver error and are thus preventable.