We're putting together various reader reports of a fatality early this morning on East 12th Street just east of Avenue A. According to readers, a motorcycle struck and killed a man sometime around 4:30 a.m.
An account from a reader who lives near the scene of the accident:
I heard a sickening crash. I thought two cars had hit each other. I jumped up and looked out the window and saw a silver BMW motorcycle in the street in front of 503 East 12th Street facing the wrong way. Then I saw a man laying in the middle of the road. People were attending to him and yelling call 911, so I called 911. The cops, firemen and ambulance came quickly. It looked like he was bleeding from the head. There is still blood on the street.
Anyway, I thought he was the motorcyclist and maybe a car had hit him and took off. I went out this morning, though, and asked the cops if the motorcyclist was okay, and the cop said he's fine, but the person he hit is dead.
No charges have been filed, we hear. We'll have more on this soon... WABC and NY1 are at the scene...
UPDATE:
Based on comments and emails with witnesses...
The victim is at Beth Israel in critical condition. The victim, who is 33, was apparently walking with two friends at the time of the accident. Police sources say it is the victim's birthday today. No charges have been filed against the motorcyclist.
DNAinfo reports that the victim is in "extremely critical condition."
UPDATE Jan. 2:
The Post has this today in the NYPD Daily Blotter:
An intoxicated man walking home with friends early yesterday morning was hit by a motorcyclist on an East Village street.
Daniel Hiwale, 33, was crossing East 12th Street, near Avenue A, against the light at 4:18 a.m. when he fell and was struck by the 38-year-old biker, who was traveling eastbound on East 12th Street, cops said.
Hiwale was in extremely critical condition at Beth Israel Hospital, cops added. The biker, who tried to avoid the crash, remained at the scene, and there was no criminality, police said.
How sad! Around thanksgiving my husband and were out around 6pm with our baby when we witnessed a high speed chase the driver was just blowing red lights down avenue B he could have killed so many people. I'll never forget it still paranoid
ReplyDeleteI'm sorry this was the start of your new year. I woke up at 3am hearing good chanting of WE ARE THE 99%. Then I heard the cop cars and helicopters, and SHAME, SHAME, SHAME!
ReplyDeleteThere were three people crossing the street: my brother and two friends. One of the friends was hit by the motorcycle. I am grateful that my brother is fine, but the other guy is in critical condition at Beth Israel. I am in Los Angeles so any more information from those on the scene would be greatly appreciated.
ReplyDeleteI saw this seconds after it happened and heard someone say it was a pedestrian but I couldn't see who the driver was. There didn't appear to be 2 injured and he left his cycle in the street with the motor on for a long time. Also the cycle was in the ground it's hard to believe the driver was uninjured. They finally towed it around 6am. Quite tragic. A terrible start to the year.
ReplyDeleteIf the driver is sober and stays at the scene, NYPD NEVER charges him with a damn thing. Doesn't matter if he was speeding, driving carelessly, whatever. NYPD determines at the scene (they're not supposed to) that it was all the pedestrian's fault, and let the driver off. Happens all the time.
ReplyDeleteMaybe you should change the headline if he is alive.
ReplyDelete@anon 2:58
ReplyDeleteYes. I just changed the headline.
It hurts to read the DNA piece "Authorities said... NYPD said... firefighters said... "
ReplyDeleteAnd this one time, in band camp....
How the hell does the DNA article end "there was no criminality involved". The presumption when a vehicle hits a pedestrian is that it's the driver's fault, period. I'm guessing the motorcyclist was at least engaging in reckless endangerment by a) driving while intoxicated (I don't trust police reports of a driver's sobriety until I know the identity of the driver, plus did they do a drug screen?) b) speeding or c) engaging in other typical needledick motorcycle behavior (i.e. excessively revving up and then accelerating into a blind turn). Anon @ 2:18 is right on the money. NYPD won't arrest, especially if the victim is young or a minority, or the driver was working at the time (i.e. the montreal kid killed in brooklyn by a truck driver there's been a lot of press about).
ReplyDeleteYep, Anon 2:18 nailed it (no pun intended)
ReplyDeleteYou can be driving like the most reckless asshole imaginable; plow into a whole pack of little school children, or whatever. As long as you stay on scene and then shrug that it was an accident; you're good to go. (of course if you happen strike and kill a cyclist, then you get a high-five as well)
35 years living here. I've seen cops issuing some sort of "traffic" related ticket, maybe, five times in that entire period.
In response to anonymous 2:18 and 4:59: In cases of vehicle accidents which result in "death" or "likely to die", the NYPD Highway Unit's Accident Investigation Squad conducts the investigation, not the local precinct. In these cases,there my not be enough evidence at the time of the accident for anyone to be charged with a crime. That may (or may not)be determined after those involved, and witnesses (If there are any) are interviewed and the vehicle involved has been inspected( not done at the scene). Also any video cameras in the area may not be accesible at the time of the accident. An investigation can lead to criminal charges when suported by evidence after the news cycle has moved on and the results are no longer news. "Always" and "Never" are probably not accurate in any situation. My prayers are with the victim and his family but unfortuantly, absent evidence that a prosecutor can use in court, a driver can be at fault yet not charged.
ReplyDeleteOne more thing I noticed -- the emts and firefighters left all their medical waste in the street including used rubber gloves, plastic wrappings and a bloody cloth. The super from 502 was sweeping it up this afternoon and told me they are supposed to clean it up or get fined $1000. But who would ever report EMTs who have one of the toughest jobs on the planet. Anyways I thought it was kind of strange.
ReplyDeleteThe EMTS should definitely clean up any medical waste. That can be seriously hazardous and infectious. What a disgrace.
ReplyDelete- East Villager
I agree. The Super should have called 311 and not handled it or used a "broom."
ReplyDeleteHow incredibly sad. My heart goes out to the family of the victim; what a terrible way for them to start the new year. I hope that the NYPD is still investigating, and that charges, if appropriate, are filed; I agree that too often it seems that irresponsible drivers are not held accountable in NYC.
ReplyDeleteTalked to the cops and the guy who got hit was drunk. His sober friends were trying to help him get home, and he had fallen down a few blocks before. When they got to 12th Street, they were crossing against the light, and the two guys who weren't drunk stopped when they saw the motorcycle coming and the drunk guy fell down. The motorcyclist, who had a green light, put his bike down on its side in an attempt to stop so he wouldn't hit the guy, and he slid for about 20 feet but the motorcycle's tire hit the head of the guy who was lying in the street. Sadly, the guy is still in the hospital, and he is brain dead. This is such a sad story. His poor friends must be beside themselves. Obviously, it isn't their fault. There is only so much control you can have over someone who is inebriated. And the motorcyclist must also be suffering. Just an all around depressing story.
ReplyDeleteI find it interesting that every comment here indicts the motorcycle driver for being at fault, perhaps they were, but nobody gives any thought to other circumstances that could be a factor. People often cross the street casually and dangerously, in this case the accident happened in the very late night with potentially very limited visibility. Drivers DO have to take care to avoid accidents, but they're human beings at the controls of machines. Sometimes accidents are simply unavoidable. I've driven the streets of NYC for decades, and I'm amazed at how much disregard for life and limb pedestrians often exhibit as they arrogantly saunter across the street against the light.
ReplyDeleteThat said, my prayers and best wishes go out to the unfortunate victim of this accident.
Thank you Barney for giving a clear picture of what the protocol is and the difficulty in prosecuting. You can't simply assume the driver was intoxicated or reckless. If criminality can't be proven there are still civil court options.
ReplyDeleteBlogs are useful for finding out what people are thinking but too often anecdotal stories are repeated as gospel truth.
@anon 11;08, And even the "gospel" truth is anecdotal, ironically.
ReplyDeletePS the victim is not brain dead; they found brain activity last night. thank goodness. there's been some progress. praying for his recovery <3
ReplyDelete@anon 9:30 & 11:08
ReplyDeleteYes pedestrians frequently act recklessly. However, they do not engage in any activity that poses an increased risk of harm to others. A motorcycle - like a car, or even a bike - is a conveyance that lets you get from point a to b faster than if you used an unassisted mode of transportation (walking or running), but imposes an increased risk of danger to others sharing the street.
Anon at 9:11 provides us with an account from the police that doesn't fully make sense to me. Are the police saying that the victim's two friends stopped crossing the street, but that the victim himself continued crossing and then fell directly in front of the motorcycle? This accident took place at 4 am on New Year's Eve. Assuming the driver was obeying the speed limit, did the victim suddenly lunge forward such that the motorcycle driver couldn't anticipate and slow down/swerve? How else could this accident have happened and it not be the driver's fault, or both parties' fault? Given the time and place, shouldn't the motorcycle driver have been exercising an abundance of caution? Or did the driver - having the right of way - continue at pace assuming that the group of pedestrians crossing the street would yield to him?
Until there's real evidence to the contrary - rather than just 2nd-hand police explanations justifying initial reports of no criminality being involved - yes I'm going to presume that the guy riding through a neighborhood known for nightlife on one of the biggest party nights of the year on a hunk of steel is at fault.
Thanks for the update on the victim. Please let us know how it turns out and progress of his recovery. My experience with accidents is that it is somewhat both people's faults, and the civil court also looks at it that way - there is no guilty or not guilty in civil court but they assign a percentage of guilt to each party which takes into account that there are many factors from both sides that have to occur, and often nobody is totally right or totally wrong.
ReplyDeleteNo matter who was at fault it's a tragic story and everybody hopes this young man makes a full recovery.
I was interviewed by the police so my account is first-hand. The victim's friends explained what happened. It was just a horrible accident. The guy was so drunk he could barely stand, and he fell, and for whatever reason they weren't able to move him out of the street in time. You have to remember these things can happen in the blink of an eye. I am honestly surprised we don't have more instances like this in the neighborhood, especially on weekends. There are so many kids--adults, too--out there drinking until they aren't even capable of walking. It gets really bad on Avenue A. Actually, we've probably all done it at some point, and then something like this happens, and you see what it is so dangerous. I implore everyone to be more responsible about drinking. Walking around the city while inebriated just isn't safe. It isn't just the potential of being hit by a car. You are also more vulnerable to being mugged or worse. I keep thinking about this incident and flashing back to a few times in college and even when I first moved to the city when I had too much to drink and got a little out of control. I am lucky nothing happened to me.
ReplyDeleteAfter reading all the comments, the only thing I accept as fact( at this point),is that a pedestrian was severly injured by a motor cyclist.
ReplyDeleteThat being said, I will state my opinion:
On a night where anyone with an ounce of common sense tries to stay off the road, what lack of common sense puts a person on a motorcycle?
As a motorist, I believe that if someone steps out from between two parked cars and is struck, the pedestrian is at fault. If a pedestrian is in the middle of a crosswalk ( which appears to be this case), a motorist should be operating the vehicle in a manner that in can be stopped in time.
Motorists should anticpate pedestrians at crosswalks regardless of the traffic light color.
I don't know if this means anything legally, but a little common sense on the motorcyclists part,and this incident never happens. I am sure that there are other contributing factors we don't know and may never be learned.
Why do people get a "pass" for being drunk? I'm with Judge Judy on this one, who believes that when you choose to drink to excess you greatly improve the odds that something bad will happen to you. For this, unfortunately, the pedestrian is to blame. If in addition the cyclist violated the law, that would be his portion of the guilt.
ReplyDelete@anonymous 3:10. to be clear,I do not give people a pass for being drunk.My point is, that as a motorist, I have to be aware of the potential problems at 4 AM on New Years. Be aware of drunk pedestrians and other motorists. Point being, regardless of who is at fault, and perhaps the motor cyclist is not at fault in any form, would you be on a motorcycle at 4 A.M, the drunkest day of the year?
ReplyDeleteI would be concerned about my own safety and leave the bike home.
Should you be allowed to ride any where at anytime? Of course you should. Is it always a good idea? Probably not.
In no way am I solely blaimg the motor cyclist. Part of using common sense is realizing that those around you on New Years are not.
This tragic accident is a result of poor choices on the part of those involved.
Is there any update on Daniel Hiwale's condition?
ReplyDeletethe motorcyclist is in custody of the police, as he was drunk as well.
ReplyDeletedaniel is still in critical condition but he is making small progress and improvements. he is reacting to some stimuli and is starting to breathe more on his own now (30% as opposed to 10%). please keep him in thought and prayer as he still has a long way to go...praying for a miracle.
That's not true about the motorcyclist being drunk. He was sober, and he stayed on the scene and filled out all the paperwork, etc. He was not arrested, according to the cop who interviewed me. The guy must have been in shock though. Can you imagine?
ReplyDelete@Anonymous 12:33AM
ReplyDeletePlease keep us posted with updates on Daniel. I'm sure everyone's praying for him. I am.
This is a tragic event but seriously people, don't cross against the light. To blame the motocyclist, unless if it's proven he did something wrong (drunk, ran a light etc.). Jay walking is against the law for this exact reason. If it says don't walk, don't walk. I understand the person who was hit was drunk, was crossing against the light (again very tragic) but to blame the motorcyclist is beyond comprehension. Some one even argued that the motorcyclist should have known better than to be driving on New Years. Really? This a tragic event, and to blame someone just because he was riding a motorcycle is the stupidest thing I've ever heard. Let's all concentrate on sending lots of good thoughts to both victims, and please please please dont cross the street unless if you have the right of way.
ReplyDeleteI guess that was me who said the "stupidest" thing that @anonymous 4:06 ever heard. Re-read my comments. I had stated "...that perhaps the motorcyclist is not at fault in any form...." In an earlier post I stated that, "... the only thing I accept as fact( at this point ),is that a pedestrian was severly injured by a motor cyclist..."
ReplyDeleteI stand by my opinion that riding a motorcycle at 4 AM on New Years is poor judgement, with all the drunks that are walking and driving, and that is just is taking the safety of the cycles operator into consideration.
I think tragedy supports my opinion, but maybe I am wrong and operating a motorcycle is no more dangerous at 4 AM on New Years that any other day or time.
So now an anonymous commenter who seems to know something personal about this situation has stated that the driver was in fact drunk. Is this true? What finally transpired with him? What were his injuries? Do any of those involved live around here? I have so many questions, and lots of potential answers.
ReplyDeleteAccording to those with the victim in the hospital the day he was admitted, the motorcyclist who was also admitted to the hospital for lesser injuries/check up was then put into custody of the police for being drunk.
ReplyDeleteThere are so many inconsistencies and contradictory statements with this story. It appears the story provided to the doctors by the friends is very different from the accounts read here. When I visited the victim at the hospital- its clear the doctors are still baffled at exactly how the victim sustained the serious injuries that he did So if anyone has ANY information, please share it or contact the police directly. This case is still under investigation. It would be of great help. God bless. And keep praying for the victim's full recovery.
ReplyDeleteIs there any new info about Daniel Hiwale?
ReplyDeleteHow is Daniel Hiwale doing?
ReplyDelete