Drunk Driver With 19 Prior Arrests Kills Delivery Worker Near Harlem's Apollo Theater: What NYC DUI Accident Victims Need to Know

You are biking home from a delivery shift on a warm evening in Harlem. You are in the bike lane, doing everything right. Then a driver who has been arrested nineteen times before — including twice for DUI — plows into you at high speed while under the influence of PCP. That is not a hypothetical. It happened on March 19, 2026, on West 125th Street, and it killed 28-year-old Zacarias Darly.

If you ride a bike, walk, or drive in New York City, this case is a wake-up call. Here is what happened, what the law says, and what you or your family can do if a drunk or drugged driver injures you.

What Happened Outside the Apollo Theater on March 19, 2026?

According to a press release from Manhattan District Attorney Alvin Bragg, Kevin Crosby, 49, was driving a Hyundai Tucson at an extremely high speed in a bus-only lane on West 125th Street between Frederick Douglass Boulevard and Adam Clayton Powell Boulevard.

Crosby struck two food delivery workers riding e-bikes. Both men were launched several car lengths from the point of impact. The SUV then hit an unoccupied NYPD vehicle, which was pushed into a parked car with two people inside. The chain reaction ended when Crosby's SUV became lodged under a parked tractor-trailer.

Zacarias Darly, 28, of the Bronx, died from blunt force injuries to his head and neck. A second cyclist, 33, suffered head trauma, a broken leg, and a fractured elbow. He spent nine days in the hospital. Three other people in nearby vehicles were also hurt.

Officers recovered PCP from Crosby at the scene. He has 19 prior arrests, including a 2020 arrest for aggravated vehicular assault and two DUI convictions in the past decade.

What Criminal Charges Does a Drunk or Drugged Driver Face in New York?

New York takes impaired driving deaths seriously. Crosby was indicted on April 8, 2026, and faces these charges:

• Aggravated Vehicular Homicide — a Class B felony under Penal Law § 125.14, carrying up to 25 years in prison

• Manslaughter in the Second Degree — a Class C felony under Penal Law § 125.15, carrying up to 15 years

• Criminal Possession of a Controlled Substance in the Seventh Degree — a Class A misdemeanor

• Operating a Motor Vehicle While Under the Influence of Drugs — under Vehicle and Traffic Law § 1192

• Reckless Driving

In many DUI fatality cases, prosecutors bring charges under Penal Law § 125.12 (Vehicular Manslaughter in the Second Degree) or Penal Law § 125.13 (Vehicular Manslaughter in the First Degree). A first-degree charge applies when the driver had a blood alcohol content of 0.18 or higher, a suspended license, or a prior DUI conviction within ten years.

Can You Sue a Drunk Driver for Injuries in New York?

Yes. Criminal charges and a civil lawsuit are two separate things. A criminal case is the government punishing the driver. A civil case is the victim or the victim's family seeking money to cover medical bills, lost income, pain and suffering, and other losses.

You do not need to wait for the criminal case to finish before you file a civil lawsuit. And the standard of proof is lower in civil court. Criminal cases require proof "beyond a reasonable doubt." Civil cases only require a "preponderance of the evidence" — meaning it is more likely than not that the driver was at fault.

In a DUI crash case, evidence of intoxication is powerful. If the driver was arrested for DUI, that arrest record, toxicology results, and officer observations can all be used in your civil case. A DUI conviction makes the civil case even stronger, but you can win even without one.

We previously covered the full scope of drunk driving accident claims in NYC and on Long Island, including what damages you can recover and how the process works.

What Can Families Recover in a Wrongful Death Lawsuit?

When a DUI crash kills someone, the victim's family can file a wrongful death lawsuit under Estates, Powers and Trusts Law § 5-4.1. The personal representative of the deceased person's estate brings the case on behalf of the family.

Damages in a New York wrongful death case can include:

• Lost financial support — the income and benefits the deceased would have provided to their family

• Loss of parental guidance — for minor children who lost a parent

• Medical and funeral expenses — costs incurred because of the crash

• Conscious pain and suffering — if the victim suffered before dying, the estate can recover for that period of suffering

For a deeper breakdown, read our guide on wrongful death lawsuits in New York and what families can recover in 2026.

Can You Sue the Bar or Restaurant That Served the Drunk Driver?

Sometimes, yes. New York's Dram Shop Act — General Obligations Law § 11-101 — allows you to sue a bar, restaurant, or liquor store that sold alcohol to the person who hurt you.

To win a Dram Shop claim, you need to show that the establishment sold alcohol to someone who was "visibly intoxicated" at the time of the sale. This can be proven through:

• Testimony from bartenders, servers, or other patrons

• Surveillance video from the bar

• Credit card receipts or bar tabs showing how much the person drank

• Expert testimony about the driver's probable level of intoxication

A separate provision, General Obligations Law § 11-100, covers situations where the establishment sold alcohol to someone under 21.

Dram Shop claims add a defendant with deeper pockets than the driver. Bars and restaurants carry commercial liability insurance, which often means more money available to compensate victims.

Why Do Repeat DUI Offenders Keep Driving?

The Crosby case highlights a broken system. Crosby had 19 prior arrests and two DUI convictions in the past decade. He was arrested in 2020 for aggravated vehicular assault. Yet he was still behind the wheel on March 19, 2026.

New York has tried to address this problem. The state imposes mandatory license revocation for DUI convictions and requires ignition interlock devices for repeat offenders. But enforcement gaps remain. Drivers whose licenses have been revoked or suspended still get behind the wheel, and the consequences often come too late — after someone is already hurt or killed.

If you are injured by a driver who had a suspended or revoked license, that fact strengthens your civil case. It shows the driver knew they should not have been driving and chose to do so anyway. Courts and juries take that seriously.

Delivery Workers and Cyclists Face Special Risks in NYC

Zacarias Darly was a food delivery worker — one of tens of thousands who ride the streets of New York every night. These workers face enormous risks from distracted, speeding, and impaired drivers.

According to the Governor's Traffic Safety Committee, driver inattention and distraction is the number one contributing factor to motor vehicle crashes in New York State. In the first quarter of 2025 alone, driver inattention or distraction was involved in over 5,300 crashes in New York City.

Delivery workers and cyclists who are hit by cars have the same legal rights as any other accident victim. You can file a personal injury lawsuit against the driver, and potentially against other responsible parties like the city (for dangerous road conditions) or vehicle owners (if the driver was using someone else's car).

We covered this topic in detail after another delivery cyclist was killed in Harlem earlier in 2026.

What Should You Do If a Drunk Driver Hits You?

If you or someone you love is injured by a drunk or drugged driver in New York, take these steps:

• Call 911 immediately. Get medical help and make sure police respond to the scene. A police report documenting the driver's intoxication is critical evidence.

• Do not leave the scene. Stay and provide your information to the police. If you can, get the names and contact information of witnesses.

• Get medical treatment right away. Even if you feel okay, go to the emergency room. Some injuries — like internal bleeding or traumatic brain injuries — do not show symptoms immediately.

• Do not talk to the driver's insurance company. They will try to minimize your claim. Let your attorney handle all communication.

• Contact a personal injury attorney. DUI crash cases involve both criminal and civil proceedings, insurance negotiations, and potentially Dram Shop claims. An experienced attorney can handle all of this while you focus on recovering.

For a complete checklist, see our guide on essential steps to take immediately after a personal injury.

How Much Are DUI Accident Cases Worth in New York?

Every case is different, but DUI accident cases tend to result in higher verdicts and settlements than typical car accidents. Juries are less sympathetic to drunk drivers. Evidence of intoxication, prior arrests, and reckless behavior all push the value up.

For perspective on what New York juries have been awarding in recent cases, check out our analysis of what NYC personal injury cases are worth in 2025 and 2026.

Frequently Asked Questions

Can I file a lawsuit against a drunk driver even if they are charged with a crime?

Yes. Criminal charges and civil lawsuits are completely separate. You can file a personal injury or wrongful death lawsuit against a drunk driver regardless of whether they are prosecuted criminally. You do not need to wait for the criminal case to end.

What is New York's statute of limitations for a DUI accident lawsuit?

In New York, you generally have three years from the date of the accident to file a personal injury lawsuit. For wrongful death claims, the statute of limitations is two years from the date of death. Missing these deadlines can permanently bar your claim.

Can I get punitive damages in a DUI crash case in New York?

Possibly. New York courts can award punitive damages when the defendant's conduct was especially reckless or showed a conscious disregard for the safety of others. Driving while heavily intoxicated — especially with prior DUI convictions — may support a punitive damages claim.

What if the drunk driver does not have insurance?

If the drunk driver has no insurance or not enough insurance, you may be able to recover compensation through your own uninsured or underinsured motorist coverage. You may also have claims against other parties, like a bar that overserved the driver or the owner of the vehicle.

The Bottom Line

The death of Zacarias Darly outside the Apollo Theater is a tragedy that was entirely preventable. A driver with a long criminal record, multiple DUI convictions, and PCP in his system should not have been behind the wheel. When the system fails to keep dangerous drivers off the road, the civil justice system gives victims and their families a path to hold them accountable.

If you or someone you know has been injured or lost a loved one because of a drunk or drugged driver in New York, the team at Yassi Law PC is ready to help. Call us today at 646-992-2138 for a consultation.

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Written by Reza Yassi | LinkedIn

This article is for informational purposes only and does not constitute legal advice. Although I am an attorney, I am not your attorney, and reading this article does not create an attorney-client relationship. Laws vary by jurisdiction and may have changed since the publication of this article. For advice specific to your situation, consult a qualified attorney.