Posted: October 1, 2014
Cyclist Jason Marshall told news sources he is “utterly devastated” after mowing down 58-year old Jillian Tarlov, a mother of two, in Central Park. The former CBS executive and Connecticut resident was crossing the street at West 63rd Street when Marshall smashed into her on his bicyle. Emergency responders took Tarlov to Presbyterian Hospital Weill Cornell, where she was treated for severe head trauma, and later placed on life support. She died just three days later, leaving behind her husband of 28 years and two children.
“Jill was the most amazing mother to Matthew and Anna, who taught them above all that kindness, compassion and a spirit for life were the right morals to live by,’’ said Tarlov’s husband in a statement.
Investigations are ongoing, as eye-witnesses claim that Marshal was speeding down West Drive, weaving in and out of pedestrian, vehicle and bike lanes. No criminal charges have been brought against Marshall – an avid cyclist who frequently boasts about his blazing speeds online.
New Jersey pedestrian accident attorney explains liability
After the fatal collision with Tarlov, Marshall told police he wasn’t speeding and tried very hard to prevent the crash by shouting warnings at the woman. He did admit he was in the wrong lane, however. Depending on police investigations, the East Harlem resident could be slapped with a summons for cycling in the wrong lane, or face reckless homicide and assault charges.
Data on Marshall’s prior travels through Central Park are not encouraging. He clocked a top speed of 35.6 mph in a 25 mph zone, according to the racing website Strava. The cyclist told police that when he struck Tarlov, he was only traveling 8 or 9 mph. The extent of Tarlov’s physical injuries tell a different story, as doctors say she appeared as though she’d been mowed down by a car.
When establishing who was at fault in any sort of accident involving pedestrians and cyclists, investigators must comb over the details leading up to the event. Was the biker traveling at excessive speeds and using a pedestrian lane? Was the cyclist distracted or acting in negligence? These are the sort of factors that a New Jersey pedestrian accident attorney will review to ensure victims of wrongful death or grave personal injuries are fairly compensated for their losses.
In New Jersey and New York, laws are in place to help prevent pedestrian knock-downs – most of which involve vehicles rather than bicycles. Motorists must always come to a complete stop at pedestrian crosswalks and yield the right-of-way to pedestrians who are lawfully crossing an intersection.
Even in cases where pedestrians are jaywalking or otherwise at partial fault for an accident, drivers may still be held accountable if it’s found they were impaired by drugs or alcohol, using their cell phones, or otherwise acting in a reckless manner.
Free consultation with NJ bicycle accident lawyers
At the law firm of Eisbrouch Marsh, our personal injury attorneys are well-versed in pedestrian accidents involving negligent drivers and cyclists. Headline-grabbing tragedies such as the death of Tarlov are becoming exceedingly common, highlighting the inherent dangers for pedestrians in New Jersey and the NYC metro areas.
When seeking justice after a pedestrian accident, it pays to have competent legal representation that can quickly determine liability and pursue maximum compensation on your behalf. To learn more about your options for recourse, and to schedule a complimentary case review with a New Jersey bicycle accident attorney, please call 201-342-5545.
Resources
- NY Daily News, Woman, 59, dies days after being struck by bicyclist on Upper West Side http://www.nydailynews.com/new-york/woman-59-dies-days-struck-cyclist-upper-west-side-article-1.1948078
- New York Post, Central Park cyclist veered into wrong lanes before tragic crash http://nypost.com/2014/09/20/central-park-cyclist-veered-into-wrong-lanes-before-tragic-crash/
- New York Post, Cyclist who mowed down woman calls it ‘an unavoidable accident’ http://nypost.com/2014/09/22/this-was-an-unavoidable-accident-cyclist-who-mowed-down-woman/
