Truck Accident Lawyer Blog

During their investigation of the tragic bus accident in the Bronx last weekend, investigators have learned that the bus swerved many times before overturning onto its side and skidding into a pole thereby killing fourteen people, a reporter has learned.

While many of the eyewitness accounts may vary depending on their recollection, most of them attest to the bus having swerved onto the rumble strips that are located on the shoulder of the highway multiple times before the bus crashed, a policeman was told. Rumble strips are placed on the side of the road in order to alert drivers whenever they drive near the edge of the pavement.

The bus driver has stated that the bus was clipped by a tractor-trailer, which caused him to lose control. Investigators have recovered a dash camera that was mounted on the front of the bus, as well as an engine-control module, so they may further investigate what was in front of the bus as well as the bus’ speed and other parameters to assist in their investigation. The engine-control module has been sent to a laboratory in Washington, D.C. The truck driver that is to have allegedly struck the bus has contacted the state police voluntarily and both he and his employer are cooperating with authorities. Authorities have also located both the trailer and the tractor that the bus driver alleges to have clipped the bus, and have taken them both in for analysis.

The bus was returning to New York City following a trip to the Mohegan Sun Casino that is located in eastern Connecticut. It is unknown at this time whether the bus driver had remained awake while his passengers gambled, or if he had gotten a room and rested. Investigators are seeking to discover what the 40-year old bus driver has done within the 72-hours prior to the truck accident, as part of their investigation, and do not yet know whether fatigue played a factor in the crash.

Neither the bus company, nor the driver would comment to a New York Truck Accident Lawyer as of this writing.

Continue reading "Bus Swerved Before Crash" »

As part of a Lawyer’s ongoing commitment to fair and accurate reporting of accident incidents, we have learned that a Maryborough, Victoria, Australia, man is being called a hero for rendering aid to an injured truck driver on March 12.

The incident occurred at about 6:20pm, Saturday March 12, on the Bendigo-Maryborough Rd at Havelock, when the driver of a semi-trailer had apparently driven off the road, due to as of yet unknown reasons. The truck then turned over and rolled through some trees. By the time the truck had rolled to a stop, it had burst into flames.

A passing motorist, the local police are not releasing his name at this moment, stopped his vehicle and proceeded to the burning truck where he pulled the badly injured truck driver from the raging inferno mere moments before the truck became completely engulfed in flames.
The badly injured truck driver was airlifted to The Alfred hospital, which is located at Prahan, Victoria, Australia, and is a suburb of Melbourne. He has been thus far been listed as in serious but stable condition. Sources have told an investigator that the 38- year old truck driver’s injuries were quite severe, including “a serious compound fracture to his leg, 18 per cent partial thickness burns to his face, arms and throat and a hip injury.”

Eyewitnesses have described the scene as terrifying and hail the man that risked his own life to pull the injured truck driver from the jaws of death itself. Other witnesses have told a source that they had never seen such an act of courage as this passing motorist displayed. The Maryborough Police spokesperson stated they would be nominating the man for bravery awards. As has been stated previously, his name is being withheld at the request of the police department. Maryborough is approximately 10 kilometers south of the truck accident site.

This story has given local residents an added emotional boost as the entire community has been devastated by the torrential floods that wreaked havoc on many parts of Victoria, Australia, for much of January. It is also a testimony as to how much the local community has pulled together in times of need. Those in Nassau and Suffolk would react the same way.

Continue reading "Hero Pulls Injured Man from Truck Before Fire" »

While the investigation into the cause of the truck accident are unclear due to the ongoing investigation, a rep has learned that the collision between a box-truck and a minivan have learned the persons from both vehicles hospitalized, with the driver of the minivan in serious condition.

The accident occurred at the intersection of Hempstead Turnpike and Division Avenue this past Friday at about 1:58am. The details of the accident are still sketchy, but it appears to have been a rear-end collision, that resulted in the entire front end of the minivan impacted into the left rear corner of the truck’s left rear corner, and was at least partly underneath the truck. The degree of the impact completely totaled the minivan.

First Responders from the local police, fire, and other emergency management services were quick to arrive on the scene. Their combined efforts kept a bad situation from becoming even worse, as traffic was diverted safely around the accident scene and any potential for fire was carefully monitored and prepared for.

Due to the extreme amount of damage to the minivan, rescue personnel had to resort to using the jaws of life and other hydraulic tools in order to extricate the conscious driver of the minivan from her vehicle. A source reports that various parts of the vehicle, including the seats, were carried away by firefighters as they were removed as part of the ongoing efforts to remove the driver. Once freed from her vehicle, the minivan driver was taken to the Nassau University Medical Center where she was listed as being in serious condition. The condition of the truck driver is as of this writing unknown.

On scene, rescue workers told a reporter that the accident could have been much worse than it actually was. It was very fortunate that the woman who was driving the minivan was wearing a safety belt and the air bags deployed as they were supposed to. Thus far, no charges have been placed and the investigation is ongoing. As it would in Nassau or Suffolk Counties.

Continue reading "Minivan and Truck Collided in Levittown" »

Sources have confirmed that one-person lie dead following a collision between the van that he was a passenger in and a fire truck. It has been reported that the fire truck was responding to a call when it struck a van that was making a left turn in front of the fire truck. Although the van had a green light when its driver initiated the turn, the fire truck struck the van on its left rear, thereby demolishing part of the van and killing one of the eight passengers. Six of the passengers and six firefighters were hospitalized with minor injuries, and two more whose conditions were listed as critical.

The 51-year old deceased man was identified to a Lawyer as a long-time resident of a state group home that is located in Willowbrook. The van was transporting individuals from the home to a day program that is offered by the Lifestyles for the Disabled. He was described as one who was always smiling and as being happy-go-lucky. He was also a competitor in Staten Island’s Special Olympics for the past several years.

The fire truck was responding to a reported fire, which turned out to be an overheated vehicle, and at the time of the accident had its lights and sirens activated. Immediately after the accident, the firefighters’ mission changed to that of rescuers and exited their vehicle to render aid to the accident victims. Firefighters had to use a hydraulic tool in order to extricate the victims from the van.

Sources close to the investigation in Queens and Westchester have told a reporter that the fire truck did not follow standard procedures in coming to a complete stop before entering an intersection of which the fire truck is facing a red light, essentially running the red traffic light. Other witnesses have stated that due to the street conditions the van had to make either a left or a right turn in order to clear a path for the fire truck. The investigation into the accident is ongoing and fire department officials could not be reached for further comments.

Continue reading "One Confirmed Dead Following Collision with Fire Truck" »

A witness reported that a school bus and a semi truck collided near Gaston, on Oregon 47 last Tuesday. The bus driver and nine students were taken to a local hospital and treated for minor injuries. The 57-year old truck driver was not injured in the accident, and was cited for careless driving for his part in the collision.

The crash occurred at approximately 7:40am when the bus had stopped to pickup students on their way to school. The bus had its warning lights on, when the truck rounded the curve. The truck driver applied the trucks brakes in an effort to stop. It was then that the tractor-trailer fishtailed across the road and hit the bus as it went into a ditch. Almost immediately after the accident, the driver of the semi went to the school bus to see if he could render assistance to those who were injured.

The accident scene was not want for eyewitness accounts, as this particular bus stop is a central location where many students are picked up each morning, and there were many parents on the scene who witnessed the accident. One witness told a cop that it appeared to him that the truck was going too fast as it rounded the curve. While the trooper on the scene who was investigating the accident stated that, he did not think the truck’s speed was “grossly out of line for the area.” The trooper also added that while the suggested speed for the curve is set at 45mph, the speed limit for that particular road is 55mph. Another of the witnesses stated that this makes the fourth semi-involved accident that has occurred in the local area over the past year, and they hope that warning lights will be installed, like they have been in Nassau and Suffolk, so as to warn drivers of the potential hazards that lie ahead.

Witnesses describe some of the conditions to a Lawyer that surrounded the accident. “The road was wet,” described one witness, while another eyewitness simply stated that as soon as the truck came around the curve that the trailer just went crazy. Semi-trailers tend to do that on wet roads.

Continue reading "School Bus and Semi Crash on Oregon Hwy" »

One woman was killed and four others were injured after a tour bus and a tractor-trailer collided Saturday night. The truck accident occurred just after 7pm on Highway 33 in the town of Herman, which is approximately five miles west of Allenton, WI, after the semi-driver reportedly failed to yield to the bus at the intersection of Highway 33 and Highway P, and the semi slammed into the bus.

Immediately after the collision, the bus flipped twice and slid into the ditch, witnesses have told the police. Law enforcement officials at the scene stated that the accident could have been much, worse than it was, had the bus been fully laden with passengers. The 52-year old driver and the surviving passenger, also a 75-year old woman, were all transported to different local hospitals for treatment. Their current medical conditions are unknown as of the time of this article.

While the bus lay on its side in the ditch, the truck (a cabover with the truck cab over top of the engine) was raised up and over to the side and was completely mangled due to the crash. The 30-year old driver and the 30-year old passenger of the semi were not quite as fortunate, for both had to be airlifted to a nearby hospital. The highway was closed due to the accident for more than six hours. Firefighters were watchful for any signs of fire and were concerned with any fuel that could spill either from the overturned bus, or from the mangled semi-truck.

Authorities have told the press that although the investigation is ongoing, there is no indication as of yet as to why the driver of the semi did not yield to the bus at the intersection.

Eyewitnesses have told the police that they did not see the accident until after it had already happened and then it was a horrifying scene. Similar scenes are seen in Manhattan and Long Island.

The woman passenger from the bus was 75-years old, and was from Milwaukee, WI.
Calls to the bus company for comment were not immediately returned.

Continue reading "Tour Bus and Semi Collide Killing One" »

A tractor-trailer accident sent two people to the hospital and caused significant traffic delays, reported the Lawyer over the weekend. The 42-year old truck driver had reportedly dozed off and awoken as his truck was drifting from the roadway, and as he attempted to maneuver his truck back onto the road, it rolled over.

Passing motorists stopped and pulled both of the men from the vehicle, and both men were lying in the grass beside the road when first responders arrived on the scene. Both the driver and his 29-year old passenger were taken to Rhode Island Hospital in Providence and were reported to have only minor injuries. The driver and his passenger were wearing seatbelts at the time of the accident. The truck, it was learned, was carrying Sears-brand appliances, which did not spill from the truck during the accident. Fortunately, this was a one-vehicle accident, which could have been much worse.

The accident tied up traffic for several minutes as work crews removed the vehicle from the roadway. This task was not easy for it required workers to remove a section of the guardrail before they could remove the truck. It is unclear as to whether or not workers replaced that section of guardrail immediately or returned to replace it at a later time. It required a 12-man towing crew to remove the damaged truck.

The driver was later charged with negligent operation of a motor vehicle and violation of marked lanes, the Rhode Island State Police has told the source. Same would apply in New York City and Staten Island.

Although the investigation is continuing, this accident is but one of many truck driver fatigue related accidents that the state has reported lately. This is an ongoing issue that has received attention at the federal and also at many state levels. While there may be considered multiple underlying factors that contribute to truck driver’s continuing their duties after they should stop and take rest, it will require a concerted effort to provide the necessary tools to law enforcement and to the drivers themselves before this problem will be satisfactorily resolved.

Continue reading "Tractor-Trailer Accident Hospitalizes Two" »

As part of our ongoing investigative and reporting efforts, a rep strives to not only bring you the latest in truck accident investigations and reports, but also writes about when certain legal cases are presented that are of interest to our readers. As a matter of policy, a Lawyer does not specifically mention names of those persons that are involved in the legal system in any manner. This not only protects those persons who are desirous of maintaining their privacy, but also helps to avoid any confusion between certain stories that we cover.

A Missouri woman has filed legal suit in St. Clair County Circuit Court on February 9 against trucking company Empire Express of Memphis, TN. The suit alleges that the plaintiff was injured when one of the company’s drivers reportedly struck her vehicle in the rear with the truck on June 17, 2009.

The suit further alleges that she sustained permanent injuries to her head and lumbar spine as a result of the driver having rear-ended her vehicle. The suit further alleges that she has suffered great pain and mental anguish due to her injuries and blames the driver that has been named in the suit. The woman has also stated within her complaint that, “she incurred medical costs and has been deprived of participating in her normal life activities.”

The incident in question occurred as the plaintiff was sitting in traffic and waiting her turn to enter the entrance to I-44 in St. Louis, MO, on her way home. It was at this point that the driver of the truck struck her vehicle from behind, thereby causing her injuries. As a part of her complaint, she states that the truck driver “negligently drove without keeping a proper lookout, failed to keep his vehicle under control, drove too fast, failed to decrease his speed and followed Hollis-Bentley's vehicle too closely.” As of this writing, a study has not determined whether the truck driver received a citation for the accident brought forth in this lawsuit. The plaintiff is seeking monetary damages in this case of between $50,000 and $75,000, plus costs. This would happen in Nassau and Suffolk also.

Continue reading "Woman Files Lawsuit Against Truck Driver" »

The driver of a Wonderbread truck may have witnessed a fatal vehicle crash that killed a 20-year old man. Police are looking for the bread truck driver to question him about what he saw on Nashville Road and Highway 50 around 6:30am when the accident occurred. The young man was driving in one direction when his car jumped the center divider and hit a pickup truck traveling in the other direction. There are no other witnesses to question about this accident.

The driver of the pickup truck survived and was taken to a nearby hospital where he was treated for minor bruises and other minor injuries. It is unclear at this time why the young man would swerve his car into the lane. The car may have malfunctioned or the man may have fallen asleep behind the wheel. With many possibilities, local law enforcement officials are hoping the bread truck driver may be able to provide additional details. So far, police have not been able to locate the driver of the bread truck.

Since police have yet to determine how this accident happened, the young man's name has not been released. Police may also need more time to locate the man's family so they can make funeral arrangements and begin the grieving process. Funeral arrangements will probably be announced once the man's identity has been released.

After the truck accident, Nashville Road and Highway 50 were closed for hours while police gathered evidence and cleared the scene. Without the bread driver's account of what he saw it is unclear whether law enforcement officials will be able to determine how this accident happened. In cases like these where there is little evidence, having a witness can help greatly. The police in Tenn., as they would in Manhattan or Long Island, are actively looking for the driver of the bread truck by asking the driver to step forward. Any details the bread truck driver can provide may help law enforcement officials solve this case and allow the man's family to put their loved one to rest.

Continue reading "Police Looking for Witness to Vehicle Accident" »

Two people died after a truck overturned in the town of Stellenbosch. Four other passengers are in critical condition and were taken to the nearby hospital. The extent of their injuries is currently unknown. The driver of the truck, who was also taken to the hospital, has deep cuts on his face and body. Medical personnel responded quickly after the truck accident was reported. It is unclear how the accident occurred and if the truck driver is at fault. Local law enforcement will have to investigate further to learn more about the cause of this tragedy.

When medical personnel, including two medical doctors, EMS helicopter and a rescue vehicle arrived, they quickly assessed that two of the passengers were dead on the scene. The other four passengers had various injuries which required immediate medical attention. Injuries included severe head trauma and leg and arm fractures. The accident happened around 3pm on Adam Tas Road. A spokesperson for Emergency Medical Services (EMS) stated that those who survived the accident are receiving medical attention.

Luckily, medical personnel were able to reach the scene of the accident quickly to transport the injured people to the local hospital. Those with head trauma will have to be monitored to determine if permanent damage has been done. Those with fractures probably need to rest until their injuries heal completely. Physical therapy may also be needed depending on the severity of their injuries. The cuts on the driver may also take time to heal. He will have to be monitored so he does not develop an infection from the wounds.

It is unknown if charges will be filed against the driver of the truck for the death of two passengers and the injury of four others. It is also unknown if funeral arrangements have been made for two people that died. Law enforcement is still investigating and will need to gather more evidence before formally filing charges against anyone involved. If it is determined that the truck accident was not his fault, the driver may not face any charges. This would be the procedure in places like The Bronx and Brooklyn.

Continue reading "Truck Overturns and Kills Two" »

Students at a Lexington South Carolina School found themselves in a dangerous situation last Tuesday.

The witness said that the trouble began around 7:00 on Tuesday morning, when a semi truck carrying almost 9 thousand gallons of gasoline on North Lake Drive overturned in the road in the Sunset Boulevard area, spilling almost 500 gallons of its load onto the road and into the surrounding brush.

Lexington Middle School, which is located approximately 1500 feet away from the site of the spill, was immediately put on high alert by two Lexington County Police Officers who were filling up their patrol vehicle at a Hess gasoline station within site of the accident when the 18 wheeler flipped.

School officials were quick to form a plan for students, opting not to evacuate the school. Winds, which were blowing the fumes away from the school, coupled with the exceptionally quick response time by the local police, meant that the actual risk to students was minimal. The administration determined that keeping the students sheltered in the building was a safer option than attempting a mass evacuation to a parking lot several hundred feet away from the school.

The authorities said that additional information about the incident, such as the condition of the driver, the factors that may have contributed to the truck accident, and any forthcoming litigation, was unavailable, pending the completion of the investigation by the Lexington County Police Department. Truck accidents like this are uncommon in Brooklyn and The Bronx.

Continue reading "Perils at Lexington School, Reports New York Tuck Accident Lawyer" »

A 15-year veteran at the New York City Department of Sanitation filed a complaint arising from an accident where he sustained personal injuries. The complaint was filed against the manufacturer of the garbage truck, the City of New York/Department of Sanitation, and a co-worker.

The action arises from an accident which occurred on September 15, 2005, at 10 A.M., in which the sanitation worker, was injured while performing his garbage collection duties on Staten Island. On that day, the sanitation worker was standing behind a garbage truck (Model 25-CU-041) and attempting to maneuver a scrap piece of wood into the hopper when the hopper appeared to self-activate, and his hand got caught on the wood thereby pulling both his arm and body into the hopper mechanism crushing his right hand and arm. At the time of the accident, he was working with a co-worker, who was seated in the driver's compartment when the truckhttp://www.1800nynylaw.com/lawyer-attorney-1461142.html accident occurred.

According to sources, the vehicle in question was ordered from the manufacturer after a competitive bidding process. As a general rule, manufacturers are not consulted or otherwise involved in the drafting of the detailed specifications for the truck. The detailed specifications are provided by the City and the manufacturer is not allowed to deviate from those specifications.

The manufacturer argued, among others, that the design of the hopper was reasonably safe for its intended use based upon a "tried and tested" design in use in New York City and various other public and private collection agencies throughout the United States and that there is no evidence of any manufacturing defect or a failure to inspect, as the design was extensively tested and approved by the City of New York.

In this case, the court found that the garbage collector never showed that there was defect in the truck as of its manufacture date. The court also noted that there was no design defect in the truck in that the truck, as designed, was reasonably safe for its intended use.

Manufacturers and sellers in the Bronx and Brooklyn may be held liable for injuries caused by ordinary negligence, like the failure to exercise reasonable care in avoiding the occurrence of injuries which can be expected of a product which would be dangerous if negligently manufactured or sold. Gross negligence, however, arises only when the conduct of the tortfeasor shows either a reckless disregard for the safety or rights of others or when the conduct "smacks" of intentional wrongdoing. In this case, no proof of either ordinary nor gross negligence is evident.

The court further noted that the sanitation worker, and the City, could no longer file a claim of breach of warranty against the manufacturer of the truck because the truck's warranty already expired. The truck was manufactured in 2001 and it had a one-year warranty.

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