63-year-old motorcyclist Juan Moncada was killed in a crash involving a suspected drunk driver on the Long Island Expressway near 169th Street in Fresh Meadows last Monday, July 29.
Moncada was riding a 2005 Honda Rebel westbound in the center lane of the Long Island Expressway at around 11:15 p.m. when a 2005 Nissan Altima being driven by 27-year-old Korey Cox crossed over from the left lane and crashed into him, according to the NYPD.
Moncada’s bike slid along the highway before crashing into a guardrail on the north side of the expressway, ejecting him from the motorcycle. Cox’s vehicle continued traveling before striking a fence that separates the expressway from a service road.
Cox was not injured in the crash. He was arrested and has been charged with refusal to take a breath test, driving while intoxicated, driving while ability impaired by alcohol, operating a motor vehicle while impaired by drugs, driving without a license and aggravated unlicensed operation.
Moncada was pronounced dead at the scene of the crash.
Hi, I’m attorney Laurence Banville. At Banville Law, our attorneys have represented numerous victims of drunk driving crashes and the families of fatal crash victims in civil lawsuits. Here is what you should know if you’re curious about your family’s legal options following being hit by a drunk driver in New York:
Drunk drivers endanger everyone else they share a road with after getting behind the wheel while intoxicated. When a drunk driver causes a crash and someone else is injured or killed, it’s important for that victim and their family to be aware of their legal options.
The families of fatal drunk driving crash victims may have grounds for a wrongful death lawsuit against the drunk driver. And in some cases, these families may also have the right to file a lawsuit against an alcohol vendor who served the drunk driver before the crash. These lawsuits against alcohol vendors are called dram shop claims.
Each dram shop state has their own laws for third party liability in drunk driving crashes. According to New York’s dram shop laws, an alcohol vendor can be sued for a drunk driving crash if they provided alcohol unlawfully – either to someone who was under age 21 or someone who was visibly intoxicated.