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Moldir Zholtay Killed In Brooklyn Car Accident With Ford Van By Kings Highway near Bedford Avenue

Moldir Zholtay Died In Midwood, Brooklyn Car Accident With Ford 350 Van Near The Intersection of Kings Highway and Bedford Avenue

Moldir Zholtay Died In Brooklyn Pedestrian Accident With Ford Van

BROOKLYN, NEW YORK (November 2, 2021) – A woman from Dyker Heights identified as Moldir Zholtay has tragically died in a car accident after being hit by a commercial van on Kings Highway not far from Bedford Avenue.

New York City police officials are saying that the accident took place just before 7:00 a.m.  on Monday, October 18th. Moldir Zholtay was crossing Kings Highway in Midwood when she was hit by a 2012 Ford E350 van.

Emergency medical services rushed to the scene in order to help her. Moldir Zholtay was transported to the Kings County Hospital in critical condition.

Sadly, she die due to her injuries on October 27th. Police interviewed the driver of the van who remained at the scene.

A full investigation into the collision remains ongoing at this time.

Liability In Brooklyn Van Accidents

Pedestrians lack the protection of enclosed vehicles and are more likely to be overlooked due to their small profile. According to one report from the Centers for Disease Control (CDC), nearly 6,000 pedestrians were killed in car accidents in 2017 alone. Another 137,000 pedestrians were treated in emergency rooms. Pedestrians aged 65 and older along with young children tend to be the most at risk. There are a number of steps that cities can take in order to reduce the likelihood of pedestrian collisions.

  • Traffic Calming Measures: There are a number of traffic calming measures that cities can implement in order to reduce pedestrian collisions. For example, speed bumps and traffic signs can help reduce speeding.
  • Infrastructure: Pedestrian bridges and protected pedestrian crossings are remarkably efficient at reducing accidents.
  • Enforcement: Police officers can reduce many pedestrian collisions by enforcing traffic violations that are likely to lead to accidents.
  • Traffic Studies: Pedestrian collisions tend to be concentrated along a few roads and a few intersections. By studying where and why pedestrian collisions take place cities can implement measures to reduce them.

All drivers have a legal obligation to exercise due care in order to avoid hitting pedestrians. This is true even if pedestrians are outside of marked crosswalks. Pursuant to New York Vehicle & Traffic Law § 1146(a), drivers must exercise due care in order to avoid hitting pedestrians, bicyclists and domestic animals. Drivers must also avoid driving at a speed that would be unreasonable or dangerous given the prevailing conditions of the roadway under New York Vehicle & Traffic Law § 1180(a). During times of reduced visibility or inclement weather driving the speed limit could very well be dangerous.

If a van is being used for commercial purposes, the company that owned the van could potentially be held at fault. For example, the Ford Econoline 350 van can hold up to 15 people and is often used in transportation services. Generally speaking, companies in New York are liable for the negligent conduct of their employees – insofar as the negligent conduct was reasonably foreseeable and the incident was a natural consequence of the worker’s job duties. There are a number of things that should be investigated after any pedestrian accident.

  • Was the driver of the van working at the time of the collision?
  • Were they potentially distracted?
  • Did they have the correct license and certifications for their vehicle?
  • Is there surveillance footage of the accident?

The family of any victim that died in a Brooklyn pedestrian accident may be able to seek justice through N.Y. Est. Powers & Trusts Law § 5-4.1 (2021). Damages in a civil claim can help cover lost wages, medical bills and funeral expenses. If a victim survived for some period after an accident, their family may also be able to seek justice through a survival action. Damages in a survival action can include remunerations for medical bills and pain and suffering between the time of an accident and a victim’s death. Sadly, though, companies will often fight extremely hard to deny responsibility after hitting a pedestrian. Blaming the victim is all too common. A wrongful death attorney can examine all of the unique facts of your case free of cost and get to the bottom of what caused an accident.

Investigating A Brooklyn Van Accident

We at Gersowitz Libo & Korek, P.C. extend our deepest condolences to the family of Moldir Zholtay. Any person that may have information about what happened should reach out to police. There needs to be a thorough investigation for the sake of all who have lost so much.

This accident also raises a number of safety concerns. What is the driver record of the person in the Ford van? Were they distracted when the accident took place? Could this tragedy have been prevented? It is our sincere hope that city officials will consider additional measures to help keep pedestrians safe in our city. No family should ever have to suffer through something like this.

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