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.