New York Personal Injury Attorneys BlogToddler Fatally Struck by BMW Driver in Queens Parking Garage Raises Serious Legal Questions
A fatal incident inside a Queens apartment building parking garage has placed renewed focus on driver responsibility, property safety, and the legal rights of families after preventable tragedies. According to published reports, a 1-year-old child was struck by a BMW inside a parking garage next to the family’s apartment building in Rego Park, Queens. The child was transported to NewYork-Presbyterian Queens, where he later died from his injuries. The driver remained at the scene, and authorities continue to investigate.
From a legal perspective, crashes involving children in parking garages are among the most serious motor-vehicle cases handled by our Queens car accident lawyers. These incidents often involve complex questions of negligence, visibility, speed, vehicle design, and whether the garage itself was reasonably safe for pedestrians.
Parking Garages Are Not “No-Fault” Zones Under New York Law
Drivers operating vehicles inside residential parking garages are still bound by New York’s traffic and negligence laws. A garage does not excuse careless driving. Motorists must proceed at extremely low speeds, remain alert for pedestrians, and exercise heightened caution when children may be present. Failure to do so can form the basis of a wrongful death or personal injury claim, even if criminal charges are not immediately filed.
Civil liability is separate from any criminal investigation. A driver may face no arrest at the scene and still be held financially responsible under New York law if negligent conduct is established.
Potential Liability Beyond the Driver
In fatal parking-garage cases, liability is not always limited to the driver. Experienced Queens car accident attorneys closely examine whether other parties contributed to unsafe conditions, including:
- Poor lighting or obstructed sightlines
- Lack of mirrors, warning signage, or speed-control measures
- Inadequate pedestrian walkways or barriers
- Unsafe garage design or maintenance failures
Property owners, building managers, and garage operators have a legal duty to maintain reasonably safe premises. When a child is struck in a residential garage, these entities may be held accountable if dangerous conditions played a role.
Why These Cases Require Queens-Specific Legal Experience
Queens has a high concentration of dense residential buildings with shared garages, narrow driving lanes, and limited visibility. Attorneys familiar with Queens neighborhoods understand how these environments function in practice—and how insurers and defendants attempt to shift blame in catastrophic injury and wrongful death cases.
Successful litigation often requires accident reconstruction, review of surveillance footage, vehicle data analysis, and detailed evaluation of garage design and safety compliance.
Legal Options for Families After a Fatal Crash
Under New York law, families may be entitled to pursue a wrongful death claim to recover damages related to medical costs, loss of financial support, and other legally recognized losses. These cases are time-sensitive and evidence-driven. Early involvement of experienced Queens car accident lawyers is critical to preserving footage, records, and witness testimony.
Speak With Our Experienced Queens Car Accident Lawyers
When a child is killed in a motor-vehicle incident, the legal issues are complex and the stakes are high. The Queens car accident attorneys at Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf have decades of experience handling catastrophic injury and wrongful death cases throughout New York City, including Queens.
To discuss your legal options in a confidential consultation, call 212-943-1090 or contact us online.
