A wrongful death action was filed arising from an accident involving a truck driver and the deceased man, a bicyclist, which caused the death of the young man.
At the time of the accident, a 40-year old man was driving a white Mac Truck, which was 40 feet long, to Bloomingdales to make a daily deliver. The driver is a tractor-trailer driver for a company which delivers merchandise to retailers. The Mac Truck was owned by the company where the driver works for. The driver said he was unsure if the truck had any blindspots, that it was dark outside, and that there were street lights and lighting illuminating the area from adjacent stores.
The driver maintained that before the Truck accident, he was driving in the second lane from the left on Third Avenue and approaching its intersection with 59th Street. He estimated that the maximum amount of speed he was traveling was about five to six miles per hour. He maintained that prior to the accident he had a clear and unobstructed view of the intersection, that he did not see the deceased man in his bicycle prior to the impact, and only became aware of the accident after he had heard a loud “pop” sound emanating from the right front passenger side of the truck. At the scene of the accident, the truck driver was not issued any traffic citations, however, he later voluntarily turned himself in to the 17th Precinct of the New York City Police Department where he received a desk appearance ticket for driving with a suspended New York license.
The bicyclist was brought to an emergency room and died shortly thereafter. A Nassau paramedic who assisted at the scene of the accident testified that the bicyclist said before he died that the truck driver did not see him.
On the part of the plaintiffs, they maintained that the truck driver should be held negligent per se for failing to yield to the bicyclist in violation of the Vehicle and Traffic Law and the New York City Traffic Rules and Regulations. According to the testimonies of witnesses presented by the plaintiffs, the truck driver, prior to the accident, was stopped at a red light and that there were no vehicles located in front of the truck before the accident took place. The witnesses also said the bicyclist was not biking in between any cars, and that there were vehicles in the lane to the immediate right of the truck.
The court gave importance to this dispute concerning the existence or nonexistence of vehicles in front of the truck because it relates to whether or not the truck driver had time to see the bicyclist approaching, whether he could have avoided the impact, and whether the bicyclist was traveling between the truck and other vehicles.
Suffering personal injuries caused by someone else and being involved in a lawsuit arising from those injuries is difficult for all. New York Car Accident Attorneys will stand by you and help see you through your case. These Attorneys can argue your side and make sure that you and your loved ones are compensated.
Stephen Bilkis & Associates with its NY Personal Injury Lawyers, has convenient offices throughout the New York Metropolitan area including Corona, NY. Our Attorneys can provide you with advice to guide you through situations where an injury resulted because of another’s negligence. Without our Attorneys, you may lose your rights which may cost you a significant amount of money.
In addition to Injury Law, Stephen Bilkis and Associates will recommend Wrongful Death Lawyers who will help you.