Published on:

A truck was travelling on Lenox Avenue

by

On July 25, 1967, a sixteen year old girl was walking on the sidewalk near 315 Lenox Avenue, , New York City. A truck was travelling on Lenox Avenue, lost control and struck a parked car. It then jumped the curb and drove onto the sidewalk where it hit the girl causing her to be pushed under the porch of a house. This truck accidentcaused her serious injury. Her mother filed a lawsuit against the driver of the truck for loss of her daughter’s services and medical and hospital bills.

The Queens driver of the truck denied all allegations. He denied that it was his truck. He denied that he was driving the truck. He denied that he lived in New York. His allegations of complete noninvolvement were too false as to cause the court to comment on the impropriety of his denials. There is no reason to believe that he is not responsible for the accident.

When the driver of the truck commented on the truck accident, he advised that he was heading east on Lenox Avenue when his truck struck a parked vehicle, went out of control, and jumped the curb. He advised that two girls walking on the sidewalk tried to run up steps of a porch and his truck hit the girls and shoved the girls and the steps under the porch.

The court found that as a matter of law the girl and her friend were both free from any contributory negligence in the case of this accident. The court further comments that the only conclusions to be drawn from the truck driver’s own admissions was that “he did not maintain a proper lookout for vehicles parked on Lenox Avenue, did not have his pick-up truck under proper control and that after having struck the parked vehicle he fully lost control of the pick-up truck which then jumped the curb, crossed the sidewalk, and struck the steps of the porch and (the girls). As a matter of law it is determined (the truck driver) was negligent and his negligence was the proximate cause of the injury to (the girls.)(288 N.Y.S.2d761.

Therefore, the court rules that there are no triable issues of fact and that liability for this accident was clearly established as resting solely with the driver of the truck. The Court finds that the driver of the truck is liable for the accident and that the victims are entitled to recover whatever damages that a court trial may asses.

Issues of law are constantly changing. A person who is not specifically trained in the law cannot begin to know what all of their rights are without the assistance of a professional. Here at Steven Bilkis and Associates, we provide Truck Accident Attorneys, Injury Lawyers, Big Rig Jackknife Injury Attorneys, and 18 Wheeler Crash Injury lawyers. Commercial Truck Accident Lawyers will stand by you and ensure that your rights are protected. Wrongful Death Attorneys can argue your side and make sure that you and your loved ones are considered. We make sure that you are rightfully awarded compensation for your suffering.

Stephen Bilkis & Associates with its Personal Injury Lawyers has convenient offices throughout the New York Metropolitan area including other areas of New York. Our Commercial Truck Accident Attorneys can provide you with advice to guide you through difficult situations. Without a Personal Injury Lawyer you could lose precious compensation to help with your medical bills and the trauma to you and your loved ones following such a frightening experience. This is true even if the Attorney for the other side has not adequately made their case. Let us help you to recover from the devastation that has befallen your family. If you are ever the victim of a truck accident, we are here to help.

Contact Information