New York Injury Law Blog

As Reported  by ktla.com

An 11-year-old girl has died after the car she was riding in overturned, and the driver has been charged with driving while intoxicated and vehicular manslaughter.

The accident happened early Sunday on the Henry Hudson Parkway in Manhattan.

Police say 31-year-old Carmen Huertas was driving with seven children, including her own daughter, to a sleepover at her Mount Eden home just before 1 a.m. Sunday when she lost control of the car.

The vehicle reportedly veered off road, flipped several times before hitting a tree.

Some girls were thrown from the car from the force of the impact, cops said.

Leandra Rosado, 11, of Chelsea, was taken to Saint Luke’s Hospital in Manhattan, and died there.

The other girls, ages 11 to 14, suffered broken wrists, broken legs, and contusions, according to a hospital spokesman.

Huertas’ 11-year-old daughter broke her wrist, he said.

Another tragedy in New York City involving speeding and children leads to death and unnecessary suffering of a family.  This is further proof that as a parent you must not only be directly responsible for your children but also for the lives of others.  As Car Accident Attorneys in New York City we see such preventable tragedy too often.

Don’t just think about your life, think about the lives of others. Imagine life with out your loved ones before you decide to endanger the lives of others, especially children, by driving recklessly or intoxicated.  One poor choice could be monumental.

This is a very interesting and sad New York Wrongful Death / Personal Injury Case.

Who is Responsible for the Acts of Intoxicated Persons?

The term “Dram Shop” is legal terminology that generally refers to an establishment that sells liquor out of its original container.   A “dram” was a small unit of liquid measurement and the “Shop” usually refers to a bar, tavern or similar business.

Before any statutes were passed, the theory was that those serving the liquor were not responsible for the harmful acts of intoxicated persons against other parties.  It was the intoxicated persons themselves that bore the responsibility for their acts.   The so-called Dram Shop Acts, enacted by most, if not all, states, now place part of the responsibility for the harmful acts of intoxicated persons on those that supplied the liquor, usually if the person to whom the liquor was supplied was “visibly intoxicated” at the time he/she was served, or if the person being served was a minor.

We will explore the variations and ramifications of this type of law which has been expanded and refined over the years..

Continued in: The Underaged and Intoxicated in New York