East Flatbush, NY (July 17, 2026) – A driver making a right turn onto East 92nd Street from Rutland Road apparently mounted the sidewalk and struck a 79-year-old East Flatbush resident, killing her at the scene, police say. Community members and family identified the victim as Yvette James.
Police say the driver of a Lexus RX 350 was traveling on Rutland Road around 1:30 p.m. on July 17 when she attempted to turn right onto East 92nd Street. The vehicle apparently jumped the curb, struck a street planter, hit James on the sidewalk, and then crashed into a building, according to police. James became pinned between the vehicle and the building.
Paramedics pronounced James dead at the scene. The driver remained at the scene, police say. No charges had been filed as of the evening of July 17, and the investigation remains ongoing.
Neighbors said James lived on the block and had spent years volunteering at the food pantry at the Church of God on Winthrop Street. Community members who gathered at the scene described her as a familiar and well-loved presence in the neighborhood. Witnesses said drivers regularly speed around that corner in an effort to make the light before turning onto East 92nd Street.
This is a developing story. Details may change as the investigation continues.
When a vehicle leaves the road and strikes someone walking on the sidewalk, New York law gives the victim’s family the right to pursue accountability through a civil wrongful death claim, separate from any criminal process that may follow.
Fatal Pedestrian Accidents in Brooklyn, New York
A pedestrian struck while walking on a sidewalk carries no presumption of fault. The sidewalk is where pedestrians are supposed to be. When a vehicle mounts the curb and kills someone in that space, New York law treats it as a case of driver negligence.
Can the family file a wrongful death claim before the criminal case is resolved?
Yes. A civil wrongful death lawsuit runs completely separately from the criminal process. Whether the driver is charged, acquitted, or never prosecuted has no bearing on the family’s right to bring a civil claim. Civil courts apply a lower burden of proof than criminal courts, so a family can pursue and win a civil case even when criminal charges are not filed.
What can a wrongful death claim recover for the family?
A wrongful death claim in New York can cover funeral and burial expenses, the financial support the deceased provided to family members, and the value of her care, guidance, and companionship. A separate survival action for conscious pain and suffering may also be available depending on what the investigation establishes.
What should the family do to protect the case right now?
Surveillance footage from nearby businesses and buildings along Rutland Road and East 92nd Street is among the most important evidence in a crash like this. That footage is often overwritten within days. An attorney can send preservation letters to property owners immediately. Eyewitness contact information and any photographs taken at the scene should also be collected before they become difficult to recover.
Can the family bring a civil claim even if the driver is not found criminally negligent?
Yes. Criminal negligence and civil negligence are defined differently under New York law. A driver can be found civilly liable for damages even if the district attorney declines to prosecute or if charges are eventually dropped. Families should not wait for the criminal process to conclude before speaking with an attorney.
What is the filing deadline?
Under New York law, the family has two years from the date of death to file a wrongful death claim. For a death on July 17, 2026, that deadline falls on July 17, 2028. Acting before that date is required, but acting sooner preserves the evidence that makes these cases winnable.
Contact Our Brooklyn Pedestrian Accident Attorneys
A woman who spent years giving back on her own block was killed on the sidewalk outside her home. Families in that position deserve time to grieve without having to face the legal process alone.
Our Brooklyn pedestrian accident attorneys have handled cases where drivers left the roadway and struck people walking where they had every right to be. Sidewalk crashes carry some of the clearest liability in New York personal injury law. Over 25 years, Frekhtman & Associates has recovered more than $900 million for injured New York clients, including a $2,000,000 wrongful death result.
Camera footage from businesses along the block, the vehicle’s inspection history, and the accounts of neighbors who witnessed the crash form the core of this kind of case. Pedestrian fatalities on city blocks often involve intersection patterns worth investigating, including prior complaints about speeding at that corner and the city’s own traffic safety data. An attorney can begin requesting that information now.
We take cases on contingency. There is no cost to speak with us, and no fees unless we win your family’s case.
Why Brooklyn families trust Frekhtman & Associates:
- $900M+ recovered for injured New York clients across more than 25 years of practice
- $69,225,000 auto accident jury verdict, one of the largest in New York State history
- Free 24/7 consultations, including home and hospital visits for clients unable to travel
- Personal callbacks from founding attorney Arkady Frekhtman
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- Zero fees unless we win your case
- Brooklyn office at 60 Bay 26th St, serving families across the borough
- $2,000,000 wrongful death result
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