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Car, Truck and Motorcycle Accidents

8/4/2009
Scott Cannon
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Livingston County Man Dies After Being Struck by Car at Demolition Derby

     David Connors, age 64, of Hemlock, Livingston County, died after being hit by a van which was participating in a demolition derby in Batavia on July 25th.    Mr. Connors was part of a safety crew known as the "Derby Dogs" at the time of the accident, standing outside the perimeter of the derby.  Connors had apparently been involved with demolition derby and the Derby Dogs for many years.
     His experience with demolition derby is important as several people have criticized his participation, suggesting that his getting injured was a highly likely event.  Others have suggested that perhaps his estate will sue the event organizers for his injuries and death.  The problem with the foregoing is that if Mr. Connors did indeed put himself in an unreasonably dangerous position at the event, it would likely bar him from a successful claim against anyone, as he arguably would have assumed the risk of injury and eath by his voluntary participation in the event and proximity to the danger.  This is a factual question, however, and we don't have the facts to make this call or criticize the man.
     As for the money aspect of any suit against the responsible partyies (if there are any), in New York, those persons legally responsible for causing his death would be obligated to pay his estate what boils down to the present value of the wages he would have lost by virtue of his death.  This means, if he was working and not retired, all his estate would be able to recover for his wrongful death would be the total of all he would have earned over the remainder of his expected working life, which, probably wouldn't be much due to his age (64 year old men have a very short work life before they retire.)
     It is unfortunate that the loss of a loved one is often reduced to a mathematical calculation, but lawyers don't necessarily make the laws, but we do have to follow them.

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