The fatal accident on Burke Avenue caused by Andres Mayora, 54, who was allegedly traveling north on Bronx Park East when his Jeep struck the back of a silver Nissan Altima that Shiquan Dunn, 31, was driving in the same direction at the intersection of Burke Avenue and Bronx Park East on Saturday, February 3 around 2:53 a.m.
The victim, Shiquan Dunn’s car, then crashed into another car driven by a 48-year-old woman which was traveling west on Burke Avenue and attempted to make a left onto Bronx Park East. Police said Mayora struck two unoccupied parked vehicles.
Dunn sustained severe injuries and was pronounced dead on arrival of the FDNY. Mayora and the two women were taken to Jacobi Hospital in stable condition. Mayora has been charged with driving while intoxicated.
Drunk driving fatal car accidents happen both on the open highway and inner city, as proven by this recent 5-car pile in the Bronx. Mayora T-boned an oncoming vehicle that was making a left turn across the lane. The impacted vehicle that was being driven by the Dunn according to witnesses spun out of control striking a third vehicle, resulting in injuries to that driver as well.
Andres Mayora, 54, handcuffed to his bed at Jacobi Medical Center, was charged for the fatal DWI. Due to his level of intoxication was understandably clueless about the carnage he left behind after his speeding SUV caused a five-vehicle wreck that killed the driver of another car.
The domino affect sent one car spinning into another car trying to make a turn onto Bronx Park East from Burke Ave., police said. The vehicle being driven by the drunk driver Andres Mayora continued to strike two more vehicles in it’s path.
This is just an example of what can happen when a speeding drunk driver unable to comprehend or react quickly to fluid driving situations.
There’s no question who is at fault in this horrific fatal accident. Fault is a central issue in reconstructing all accidents. The surviving driver was cited for impaired ability while driving (DWAI), as well as driving under the influence.
These are not the same charge when alcohol is involved in a car accident, often becoming the basis for a wrongful death claim. A DWAI with a BAC over a certain level (e.g., .13%), in an fatal accident, is a serious charge.
New York is one of the 13 states that implement pure comparative negligence law, which means that injury damages can only be recovered based on the comparative negligence percentage of the the injured victim. This includes victims of a fatal car crash when they also have a high degree of causation for the wreck.
The fact that the surviving driver was intoxicated could result in additional punitive damage awards by a sympathetic jury if the drunk driver was seriously impaired and aggravated charges are filed. This is effectively a wrongful death claim based on “gross” negligence, which requires a jury verdict.
The state of New York takes drunk driving very seriously, as drunk drivers are easily the most dangerous operators on the highway. Anyone injured in a car accident caused by a drunk driver could potentially have a very valuable claim given that the amount of insurance protection is adequate and certain material evidence can be used to prove gross negligence.
Surviving family members should always call an experienced New York fatal car crash attorney who can provide aggressive representation at a full trial for a maximized damage award.
According to New York car accident lawyer Paul Ajlouny with Ajlouny Injury Law in New York Drunk Drivers can be sued!
“New York is a “no-fault” state. If you suffer serious injury in vehicle accident in New York, you can absolutely file a personal injury claim with your own insurance for medical expenses and lost wages. These types of accidents may allow the injured victims to pursue a legal claim against the at fault driver.” Say’s Mr. Ajlouny.