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TRAGIC ACCIDENT UNDER FDR DRIVE
Posted by: William Gentile
November 25, 2008

Anthony Maschi, a worker for New York City schools, was struck by a Brooklyn man driving under the FDR drive. The Daily News reports that Mr. Maschi was crossing a service road when the vehicle hit him. There are not many details about the accident in the artice; the Daily News seemed more concerned about the driver's business background. However, the drivers actions were considered so egregious that he has been charged with vehicular manslaughter (the article does not say why but a good guess is intoxication).

A friend of the victim, Joseph Campanella, stated "It's a shame people have to lose family because of irresponsibility." The question we always ask when faced with cases like this is will the victims family get justice through the civil system. It is clear from the Daily News article that the owner of the vehicle has a successful restaurant business. However, drivers are not required to have large insurance policies and often families of tragic automobile accident victims are left with inadequate compensation from the civil justice system. The minimum policy to insure and drive a car in the State of New York is $25,000.  One potential mode of recovery in this case would be to show that the driver was acting in the scope of his business. The accident happened at 6:30AM so this may be difficult, but it depends on the circumstances of the case.

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