According to police, the 86-year-old driver of a red Chrysler Town & Country minivan may have suffered a stroke before reversing onto the sidewalk near West Fifth Street and Neptune Avenue around 12:51 p.m. The vehicle struck three women standing near a flower bed outside 486 Neptune Avenue.
Witnesses described an emotional scene as paramedics performed CPR on the elderly victim while others comforted the injured women. All three were taken to NYU Langone Hospital, where the 89-year-old was pronounced dead. The 75-year-old and 43-year-old victims were listed in stable condition. The driver remained at the scene and was later hospitalized.
Legal Analysis: Can a Driver Claim “Medical Emergency” as a Defense?
Under New York law, a driver who causes a crash after experiencing a sudden and unforeseeable medical episode may raise the “sudden medical emergency defense.” This defense can absolve the driver of liability—but only if the event was truly unforeseeable and occurred without warning.
Courts closely examine whether the driver:
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Had a known medical condition such as heart disease, diabetes, or epilepsy;
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Experienced warning symptoms before getting behind the wheel;
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Was taking medications that could cause dizziness or loss of consciousness;
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Had previously been advised not to drive by a physician; or
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Failed to maintain proper medical clearance with the DMV.
If evidence shows that the medical episode was predictable or preventable, the driver—or potentially their physician or another responsible party—can still be held civilly liable for the injuries and death that resulted.
Legal Rights for Victims and Families
Even when no criminal charges are filed, victims and their families can pursue compensation through civil claims. These may include:
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No-Fault Benefits to cover medical bills and lost wages;
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Personal Injury Lawsuits if negligence contributed to the crash;
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Wrongful Death Claims when a family member is killed; and
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Third-Party Actions against healthcare providers, employers, or vehicle owners if their negligence played a role.
Because these cases often hinge on medical evidence and expert testimony, it’s important to work with experienced Brooklyn car accident attorneys who understand both personal injury law and the complexities of medical causation.
Experienced Brooklyn Attorneys Fighting for Justice
At Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf, our attorneys have a long history of representing victims of serious pedestrian crashes across Brooklyn and New York City. Our team investigates every aspect of a case—from medical records to accident reconstruction—to ensure families receive the justice and compensation they deserve.
If you or someone you love has been injured—or if you have lost a family member—in a Brooklyn traffic collision, contact our Personal Injury Law Fim for a free consultation. Our top-rated trial attorneys have secured record verdicts and are widely respected for holding negligent drivers and insurers accountable.