A Mercedes Benz driven by Mayda Villatoro sideswiped a 2019 Kia Sportage SUV traveling southbound on Fifth Avenue at Reil Place in Bay Shore, Long Island. The accident occurred on December 5, 2020, around 6:30 p.m.
The sideswipe sent the SUV into a spin, and it crashed into a tree in a wooded area. Jose Rodriquez, age 28, was driving the SUV. His wife Doris Cabrera, age 25 was in the front seat and their two children, Ayden and Natalia were in the back seat. Everyone in the SUV was taken to Good Samaritan Medical Center in West Islip, where they were treated for minor injuries and released.
Villatoro, age 20, the driver of the Mercedes Benz, and her front seat passenger, Yaneth Fuentes, 21, both from Brentwood, suffered serious injuries. The backseat passenger, Israel Serrano, age 22, from Bay Shore suffered minor injuries. The driver and passengers received treatment for their injuries at Southside Hospital.
(Reported by Patch, Bayshore NY)
In the situation where one driver sideswipes another car, the driver whose car sideswiped the other car would most likely would be liable for damages. This is true, provided that the other car stayed in its lane and that driver was following traffic laws. In certain accident cases, serious injuries form a legal basis for pursuing significant damages. However, in this instance, the party suffering from serious damages was likely at fault for causing the accident.
All drivers in the State of New York must carry no-fault car insurance. This type of insurance covers up to $50,000 of damages. Unless accident injuries meet the serious injury threshold and another party is at fault, the injured party cannot sue for damages.
An accident attorney can evaluate the circumstances of your accident, determine who was at fault and assess the extent of damages. If your injury is serious and you are considering pursuing a case, speak with an attorney as soon as possible. At Sackstein Sackstein & Lee, LLP, we can arrange a free consultation to discuss your accident.