So many New Yorkers choose to bike throughout the boroughs instead of taking other forms of transportation.
Initially, Yakup Mace seemed to cooperate with police after an accident left bicyclist Jorge Galicia fatally injured in Queens. As police later learned, that was a façade. In reality, Mace was driving recklessly at the time of the accident. Police later charged him with various crimes related to the event, including tampering with evidence and filing a false report.
For Galicia’s family and others who discover that their loved one’s death was due to negligence, there is the possibility of filing a wrongful death suit. Before doing so, survivors should investigate an accident further and make sure that all documentation related to the accident, like the police report, is accurate.
Two Bikers Killed in Crashes, Two Drivers Arrested in Queens
When police responded to a call of an injured bicyclist in February 2024, they found Jorge Galicia near the intersection of Maurice Avenue and 54th Avenue with traumatic injuries. The driver involved in the crash, Yakup Mace, stayed at the scene and spoke to the police. But he chose to lie instead of telling the truth.
Galicia, who later died from his injuries, was unable to talk to police and tell them what happened. Mace made false claims. It turns out that he acted negligently, failing to yield and use due care. Furthermore, Mace made an illegal U-turn, which police discovered after investigating the matter further.
Law enforcement ultimately arrested Mace in March on charges related to the accident, including reckless driving, filing a false report, and tampering with evidence, among other charges.
Kyle Schreiber was arrested on the exact same day for similar reasons. Instead of making false claims, Schreiber left the scene of an accident after Peter Seo, an 81-year-old Queens resident, hit his tractor-trailer in December 2023. Rather than stopping to help, Schreiber continued driving, and Seo died. Police charged Schreiber with leaving the scene of an accident causing death.
Queens Bike Accident Fiasco: What Happens When the Truth Comes Out?
While initially, the accident seemed to be Galicia’s fault, based on Mace’s initial statements to the police, law enforcement discovered the opposite was true and that Mace was the reckless one. With the truth now revealed, what comes next? Fixing the Police Report
When it turns out that someone hasn’t been truthful about an accident, a few things will happen. First, the police will likely go back to their accident report to edit it. In the case of Mace, police investigated the matter further and found inconsistencies. But, if you were in an accident and, after getting the police report, notice inaccuracies, you might have to get your Queens car accident lawyer to ask the police to edit the report.
For example, if the driver said they yielded to your right of way when, in fact, they didn’t, you should fix that part of the police report. Reviewing Legal Options
If further investigation into a crash shows that someone is liable, like in the case of Jorge
Galicia’s death in Queens, victims or their survivors might have some legal options they can pursue. For example, had Galicia survived, he likely could have filed a personal injury lawsuit against Mace. But, since he died from his injuries, his survivors might bring a claim in his place. In Queens, a victim’s personal representative can bring a wrongful death claim against a negligent party. This tends to be someone close to the victim, like their spouse or parent.
While the filing deadline for wrongful death claims is two years, exceptions exist. For example, if a defendant has pending criminal charges related to the victim’s death like Mace currently does, the victim’s representative would have one year to file from the conclusion of the criminal matter under E.P.T. Law § 5-4.1(2).
What if Things Aren’t Adding Up After a Fatal Bike Accident?
Bicycle accidents are rarely straightforward. Furthermore, when victims die in accidents and do not have anyone to advocate for them, negligent drivers might evade liability, like Mace attempted to do. If things aren’t adding up after a bike accident, there are a few things you can do to get to the bottom of the issue.
If your loved one was killed in any type of accident, including a bike accident, you should investigate the matter further. Do not take the other party’s statements at face value. An experienced lawyer can review the police report and additional evidence, like witness statements, photos, and surveillance footage, to determine if the victim’s death was due to negligence.
Victims’ survivors can get accident reconstruction experts to review the available evidence, like property damage and photos from the scene, to determine the accident’s cause, which might indicate liability. Medical experts can be useful on this front, too. They can review a victim’s medical records to see if the driver’s story aligns with the evidence.
