The Cochran Firm Legal Blog

Last September, an off-duty New York City officer struck and killed a 33-year-old woman who was attempting to hail a cab. At the time, the officer was allegedly drunk when he hit the woman. Officers responding to the accident say he reeked of alcohol, seemed as though he was drunk, and refused a breathalyzer.

At the time of the accident last September, it seemed like a straightforward tragedy: a drunk driver hit and killed a pedestrian. However, the story has changed a little as the officer who hit the woman now claims she was drunk and blames her for the accident. She was leaving a wedding at the time and witnesses say she was visibly drunk. Now, the officer's lawyer alleges she stepped out into traffic, right in front of the accused officer. The lawyer claims she was "struck by a vehicle that had the right of way…and wasn't driving recklessly."

Since this time, the officer has been charged with vehicular manslaughter and driving while intoxicated. He has pleaded not guilty to both charges.

A toxicology report has also been released before the trial, as well as surveillance video that allegedly shows the officer drinking. He was forced to submit a DNA swab to determine if three cups found in or near his vehicle contain his DNA.

To top all of this, an investigation into a possible police cover-up is pending.

It may be easy to blame the dead for many things. After all, they can't speak for themselves. Yet for the officer who may have been intoxicated himself to blame the woman, who was the daughter of a pastor, of negligence seems the height of hubris.

While the jury will decide the fate of the officer, now facing years in prison if convicted, the stain of blaming the victim will be with him for life even if he is found not guilty.

If you or a loved one has been involved in a pedestrian accident, please contact the experienced personal injury attorneys at the Cochran Firm. We serve clients nationwide.