Man Hit by Two Drivers Was Third Fatality in 109th Precinct in Two Months

College Point intersection where Brian Newell was hit by two drivers. Image: Google Maps
College Point intersection where Brian Newell was hit by two drivers. Image: Google Maps

A man was struck and killed by two motorists yesterday in a Queens precinct where drivers have killed at least two other people since late September.

Brian Nowell, 47, was crossing 14th Avenue at 129th Street in College Point at around 6:45 a.m. Tuesday when he was hit by a westbound driver in a Toyota Camry, according to NYPD and reports in the Times Ledger and Queens Courier. The impact of the collision threw Nowell into the opposite lane, and he was struck a second time by the driver of a Chevrolet Suburban. Nowell was pronounced dead at the scene.

Fourteenth Avenue has pedestrian curb cuts at 129th Street. But there are no crosswalk markings, and no signage or signals to indicate to motorists that people may be crossing the street. Crashes at the intersection in 2003 and 2006 resulted in injuries to two pedestrians, according to Transportation Alternatives’ CrashStat.

Regardless of street conditions, state law requires motorists to yield to pedestrians at unmarked crosswalks. Neither driver was immediately charged or summonsed by NYPD. A department spokesperson told Streetsblog the crash is still under investigation.

This fatal crash occurred in the 109th Precinct, where as of September officers had issued 588 speeding tickets in 2013, and 327 summonses for failure to yield to a pedestrian. During the same time frame, the 109th Precinct ticketed 2,920 vehicle occupants for not wearing a seatbelt. At least three pedestrians, including Michael Munoz and 3-year-old Allision Liao, have been killed by motorists in the precinct in the last two months.

To voice your concerns about neighborhood traffic safety directly to Brian J. Maguire, the precinct’s commanding officer, go to the next community council meeting. The 109th Precinct council meetings happen at 7:30 p.m. on the second Wednesday of the month at the precinct, 37-05 Union Street in Flushing. Call the precinct at 718-321-2268 for information.

The City Council district where Brian Nowell was killed is represented by lame duck Dan Halloran. He will be succeeded by Paul Vallone.

  • Facts Please?

    If cars were passing in both directions when this happened, I feel reasonably justified in thinking the pedestrian is responsible for a significant amount of the blame in this case. Neither of 2 different drivers expected the individual to enter the roadway, or the one that did would have tried to stop.

  • Morris Zapp

    And since you invariably blame victims for their own deaths, regardless of what the law says, I think your handle should be: “Facts? Please!”

  • HamTech87

    Can someone link to the law describing that cars must stop at unmarked crosswalks? Thanks.

    Is there an unmarked crosswalk if it is at a T-intersection?

  • Ian Turner
  • Andrew

    http://www.nyc.gov/html/dot/downloads/pdf/trafrule.pdf

    Section 4-04(b)(1) Operators to yield to pedestrians in crosswalk. When traffic control signals or pedestrian control signals are not in place or not in operation, the operator of a vehicle shall yield the right of way to a pedestrian crossing a roadway within a crosswalk when the pedestrian is in the path of the vehicle or is approaching so closely thereto as to be in danger.

    And crosswalk is defined in section 4-01 to include both marked and unmarked crosswalks:

    Crosswalk.

    (i) Marked crosswalk. That part of a roadway defined by two parallel lines or highlighted by a pattern of lines (perpendicular, parallel or diagonal used either separately or in combination) that is intended to guide pedestrians into proper crossing paths.

    (ii) Unmarked crosswalk. That part of a roadway, other than a marked crosswalk, which is included within the extensions of the sidewalk lines between opposite sides of the roadway at an intersection, provided that (A) the roadway crosses through the intersection rather than ending at the intersection, and/or (B) all traffic on the opposing roadway is controlled by a traffic control device.

  • Facts Please?

    “provided that the roadway crosses through the intersection rather than ending at the intersection”

    How does that work exactly? I would still call it an unmarked crosswalk just from common sense, but does that legalese technically cover T-Intersections?

  • qrt145

    It seems to me that it doesn’t. Perhaps, at a T-intersection, they expect you to cross twice the road that does go through!

  • Andrew

    I think that’s the one without the unmarked crosswalk. Doesn’t make much sense to me either.

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