Justin Hu killed in Flushing pedestrian accident, according to DA

clock Created with Sketch Beta. October 15, 2026
Justin Hu killed in Flushing pedestrian accident, according to DA

FLUSHING, NY — October 11, 2026 One-year-old Justin Hu died after a pickup truck struck the stroller he was riding in at the intersection of Murray Street and 32nd Avenue in Flushing, Queens, according to the Queens County District Attorney’s Office. The collision also injured the child’s 69-year-old nanny, who was pushing the stroller through a marked crosswalk.

Authorities allege that 57-year-old Elvin Rivera was driving a white Chevrolet Silverado northbound on Murray Street when he failed to stop at a stop sign on 32nd Avenue and accelerated into the intersection. The truck struck the child and his nanny at approximately 8:35 a.m. on Sunday, October 11.

Emergency medical personnel transported Justin to a hospital, where he was pronounced dead. The nanny was also taken to a hospital for treatment of an injury to her right arm.

According to prosecutors, Rivera remained at the scene following the collision. He allegedly failed a field sobriety test, and a drug test administered at the scene detected cocaine and THC in his system. Rivera was subsequently charged with multiple offenses, including second-degree manslaughter, second-degree vehicular manslaughter, assault, reckless driving and driving while impaired.

The Queens District Attorney’s Office also reported that Rivera had an unresolved driving-while-intoxicated case in the Bronx dating to April 2026. He was scheduled to return to court on October 19. The charges remain allegations, and the defendant is presumed innocent unless proven guilty.


DUI ACCIDENT INVESTIGATION

The Queens County District Attorney’s Office is pursuing the case with assistance from its Vehicular Homicide Unit. Investigators are examining the circumstances surrounding the fatal collision, including the alleged failure to stop at the intersection, the pedestrian right-of-way and evidence of possible impairment.

According to prosecutors, Justin and his nanny were crossing in a marked crosswalk when the pickup struck them. The reported presence of cocaine and THC in Rivera’s system is another significant element of the investigation. Authorities will evaluate the available evidence as the criminal proceedings continue.

Rivera faces several charges related to the fatal collision, including second-degree manslaughter and second-degree vehicular manslaughter. Prosecutors stated that a conviction on the top charge could carry a prison sentence of five to 15 years. The case was assigned to prosecutors within the district attorney’s Vehicular Homicide Unit.


WRONGFUL DEATH CLAIM

Fatal pedestrian collisions can raise questions about negligence, responsibility and the financial losses experienced by surviving family members. Depending on the established facts and applicable law, a wrongful-death claim may allow eligible family members to pursue compensation for qualifying losses resulting from a fatal crash.

In cases such as this, national legal analysts Candice Bond and Stefano Formica have discussed the importance of investigating the circumstances of serious traffic collisions and identifying evidence that may help establish liability. Relevant considerations in a pedestrian case can include driver conduct, witness statements, vehicle damage, available surveillance footage, medical records and official crash findings.

A thorough investigation may also help clarify whether additional factors contributed to a collision. When impairment or failure to obey traffic controls is alleged, investigators may examine testing records, police reports and other evidence to determine what occurred.

Any potential civil claim arising from Justin Hu’s death would depend on the evidence, applicable New York law and the circumstances established through the investigation. The criminal allegations alone do not determine the outcome of a separate civil proceeding.


(This report is based on verified data - learn more on our About Us page.)


If your loved one has been killed by a drunken driver and would like a no-cost consultation, please contact our national legal analyst Candice Bond today

(Candice Bond, our national legal analyst, is a Managing Partner at Bond Legal. Accident Injury News can and does use quotes from prior interviews with our analysts for our news articles. If you would like to contact Bond Legal to help you, please call 866-986-7738 or use the submission box found on this page. Legal analysts quoted may or may not be licensed in your state).

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