On March 29, 2012, at approximately 2:30 AM, off duty Mount Vernon Police Officer Reginald Velez was killed when he drove his vehicle the wrong way on the southbound lanes of I-95 and his vehicle was struck by a tractor-trailer. An investigation of the causes of the fatal car accident by the NYPD continues, as does the local police investigation. It has been reported that prior to the 2:30 AM accident, Officer Velez had been to the Isla Verde bar in the Bronx, as well as to a local diner with friends, although it is unknown at this time whether Velez had anything of an alcoholic nature to drink at Isla Verde.
In recent years, there have been a multitude of wrong way accidents on Westchester Parkways and highways, most notably being the July, 2009 tragic accident involving Diane Schuler, who drove southbound in the northbound lanes of the Taconic Parkway with a blood alcohol concentration (BAC) of 0.18%, more than double the legal limit. Schuler was driving with her infant daughter, five year old son, and three nieces in the car. She hit a northbound vehicle head on, causing the death of the three men in the northbound car, her daughter, three nieces, and her own death.
Until toxicology results are obtained (most likely by mid May), it will be unknown if alcohol played any role in Velez’ untimely death. His fiancee has stated that she believed fatigue (due to many hours of overtime) was a significant factor in the accident. Further, a bartender at Isla Verde was quoted as saying that Velez “did not ask me for for anything and didn’t drink.” However, there is no question that the bar could face civil liability under the New York Dram Shop Law to members of Velez’ family (not his fiancee as she was not his wife at the time of the accident) if it is found that the bar served Velez alcohol while he was “visibly intoxicated” and that this intoxication led directly to Velez’ fatal accident. Therefore, the statements of the waitress must be considered within the context of the possibility of a possible lawsuit.
The NY City Medical Examiner concluded that Officer Velez died of blunt force trauma to his torso. Upon impact, Velez’ 2002 white Lexus sedan burst into flames. The driver of the tractor-trailer, who was uninjured, noted that he had no time to avoid the accident, which occurred near exit 11 on the northbound lanes of I-95.
We will report further on the release of the toxicology results.