Three recent commercial truck accidents in New York City have left two people dead and another injured. The truck driver was injured when a garbage truck rolled over in Williamsburg Nov. 16, but truck drivers walked away from fatal accidents in East Harlem Nov. 9 and the Upper East Side of Manhattan Oct. 22.
In the Manhattan accident, a New York City Department of Transportation worker was killed when a colleague accidentally backed him over while repaving the street. The death of 44-year-old Eduardo Calleabril is being investigated as an accident, police said.
In East Harlem, a hit-and-run dump truck driver hit and killed a bicycle rider, according to police. The New York Post described the vehicle as a gray Kenworth dump truck making a U-turn on First Avenue to get onto the Willis Avenue Bridge between Manhattan and the Bronx. The 25-year-old cyclist, who was not identified, was in a bike path coming off the bridge. He was the 27th cyclist killed in a traffic accident in NYC this year.
In the most recent truck accident, a garbage truck overturned while on an off-ramp from the Williamsburg Bridge near the intersection of Havemeyer Street and South Fifth Street. The unidentified truck driver was reported in serious condition at Bellevue Hospital Center with an arm injury afterward.
Recent reports have said that large truck accident fatalities are on the rise despite fewer overall highway deaths. Figures released in January say there were 4,761 people killed in crashes involving large trucks in 2017, a 9 percent increase from the previous year. Three-fourths of people killed in large-truck crashes in 2017 were occupants of other vehicles.
The New York truck accident attorneys at David Resnick & Associates, P.C., assist injured New Yorkers and their families after commercial truck accidents. Truck accidents are often complex cases and, as these three accidents show, no two are alike.
Workplace Truck Accidents at Construction Sites
Crane and vehicular accidents are among the most common accidents our New York construction accident lawyers handle. At a busy construction site, a combination of factors can lead to a back-over accident. Drivers may not be able to see a worker in their blind spot. Workers may not hear backup alarms because of other worksite noises or because the alarms are not functioning.
Mr. Calleabril’s family should receive NY workers’ compensation survivor benefits without trouble, as well as life insurance benefits from the NYC DOT. Workers’ compensation law prohibits an employee or their family from suing an employer for compensation beyond what insurance provides.
However, other “third party” individuals or companies that may be responsible for such a workplace accident – contractors, the truck’s owner, the truck driver if truly negligent – are not protected from personal injury or wrongful death claims.
A construction site accident / truck accident attorney experienced in New York City could assist the family with the required investigation and, if warranted, move forward with a claim.
The driver injured in the garbage truck rollover accident would likely qualify for workers’ compensation during recovery from an injury that cost him more than a week of work, if he was on the job at the time of the accident. Workers’ compensation is no-fault insurance; whether he caused the accident would not be a bar from recovering benefits.
Bicyclist Fatality in NYC Truck Accident
Cyclist deaths in New York in 2019 have continued to rise. The most recent bicyclist death in East Harlem is complicated because it is blamed on a hit-and-run driver. Typically, compensation in hit-and-run cases is sought through the injured driver’s uninsured motorist (UM) coverage.
Drivers in New York are required to buy uninsured motorist coverage worth at least $25,000 per person and $50,000 per accident. Insurance companies generally group underinsured and uninsured motorist coverage together, so you purchase one UM/UIM policy that covers both situations. You make UM or UIM claims with your own insurance company.
A cyclist or the cyclist’s family in such a case would want to keep up with the police’s investigation of the case in hopes of identifying the at-fault driver. With a truck driver identified and found to be at fault, the trucker and/or the trucker’s employer could be held liable to compensate the family. If possible, the family might hire a private investigator and seek to recoup that cost in a lawsuit against the truck driver and/or employing trucking company once they are identified.
What to Do If You’ve Been Hurt in a Truck Accident
Accidents involving large commercial trucks are often deadly because trucks weigh far more than passenger vehicles. The increased weight compounds the force of impact when a truck hits a passenger car or a bicyclist. Anyone involved in a collision with a large truck is likely to be seriously injured.
After a truck accident, if you or a companion are able:
- Contact police. Do not let the truck driver or anyone else talk you out of calling the police. Get a copy of the police report as soon as possible.
- See a doctor. Call 911 for an ambulance right away if needed. In addition to getting medical attention, a doctor’s exam documents your injuries.
- Get photos. Before the truck or your vehicle is moved, get photos of vehicle damage, debris on the road, roadside damage such as to signs or guardrails, and anything that shows what happened. Also, get photos of all injuries.
- Report the accident to your insurance company. Don’t admit fault or downplay your injuries. Don’t let them record your statement and don’t sign anything.
- Contact a truck accident lawyer. An initial consultation with a personal injury or wrongful death attorney is free. If you have a valid claim, a truck accident attorney will help you pursue it.
Contact Our New York Truck Accident Lawyers
In a serious truck accident, it is not uncommon for a trucking company to send its representative right away with a settlement offer and a check. Once you sign for the check, the case is closed. But such an offer is always for too little money.
Contact a lawyer as soon as possible after being injured in a truck accident. In New York, the truck accident attorneys of David Resnick & Associates can assist you with a truck accident investigation and claim. Contact us as soon as possible to set up a free, no obligation initial legal consultation.