Our associate attorney, Victoria Broderick, recently won a fatality hearing in which the Department of Motor Vehicles investigated the circumstances of a fatal motor vehicle accident and whether the client’s license and driving privileges should be suspended or revoked.
To suspend or revoke the client’s license, the judge had to determine that the client violated any provision of the Vehicle and Traffic Law or operated his motor vehicle with gross negligence or in a manner showing reckless disregard for the life or property of others.
While recognizing the emotions of the tragic accident during which the client’s vehicle hit a pedestrian crossing the parkway at dawn, resulting in the pedestrian’s death, Ms. Broderick argued that of all the potential hazards that might exist on that parkway, a pedestrian crossing the road is not one of them. Our client credibly testified that it was not his conduct that caused or contributed to the accident and that he was driving within the posted speed limit.
After considering the client’s testimony, the investigating police officer’s testimony, and other documentary evidence, the judge determined that the evidence was insufficient to warrant a suspension or revocation of the client’s license.