Toms River, NJ – Unlicensed Driver Charged In Critical Pedestrian Accident on Hooper AveNY/NJ Legal News
Toms River, NJ (September 15, 2022) – On Monday, September 12th, police officers were requested to Hooper Avenue, in the area of Washington Street, for reports of a pedestrian struck by a driver at about 2:20 p.m.
52-year-old Roseann Macchiarelli, a resident of Seaside Heights, was driving northbound on Hooper Avenue when she hit 33-year-old pedestrian Jessica Descafano, a resident of Forked River.
Descafano was med-flighted to Jersey Shore Medical University in Neptune in critical, but stable, condition.
Macchiarelli was cited for driving without a license, and charged with causing injury while unlicensed. She was also arrested on an active warrant.
Our thoughts are with the injured victim and their family at this time. We hope for their full recovery.
Wrongful Deaths in New York
To establish liability in a wrongful death case, the victim’s surviving family members will have to prove that the following three factors were present at the time of the accident:
- Duty of Care: In legal jargon, when someone has a duty of care, it means they owed the victim a basic level of care to ensure their safety and protect them from harm. For example, property owners, managers, and landlords have a duty to upkeep their premises in a manner that is reasonably safe by making sure it is hazard-free, void of dangers like wet floors with no warning signs, unserviced or malfunctioning escalators or elevators, and poorly installed or loose handrails in stairwells.
- Violation of Duty: Proving a duty was violated means you need to show that the at-fault party violated the duty they owed to the deceased. Taking into account the sequence of events and the knowledge they had at the time of the accident, you will need to show that the respondent should have been aware that a person could be injured or killed as a result of their action or inaction.
- Causation: Proving this element means showing that the at-fault party’s violation was the immediate cause of your family member’s death.
In a personal injury claim, proving wrongful death is not the same as the burden of proof demanded in a criminal case. As far as criminal cases go, it is a prosecuting attorney’s job to establish the defendant’s guilt beyond a reasonable doubt.
A claim of wrongful death, however, is a civil matter that must be shown through the legal theory of negligence.
The wrongful death lawyers at Metro Law can be reached at any time to help bereft family members by making sure they are updated on the progress of their claim, and answering any questions they have about the legal procedures that follow the untimely loss of a loved one.
If your family member lost their life in an accident caused by negligence, contact our personal injury attorneys in New York at (800) 469-6476 to find out what legal action is right for you.
Notes: Outside sources were used in the creation of this post including news bulletins and first-hand accounts of the accident and injuries involved. As a result, the details of the accident presented have not been independently verified. If you have identified any false information in the story or would like the post to be removed, please inform us immediately, and we will correct the information or remove the post.
Disclaimer: As a member of the local community, we at Metro Law strive to improve the overall safety and quality of life for everyone who lives in our beloved state. We are extremely saddened by these accidents but hope that through an awareness of these dangers, those in our community will take precautions to avoid these accidents. This is not a solicitation for business, and this information should not be misconstrued as medical or legal advice. We wish only the best and quickest recovery to all those involved in the accident. The photos depicted in this post are not from the actual accident scene.