Articles Posted in Fatal Truck Accident

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The plaintiffs in the case are the executors of the estate of Otto Mermelstein, who is deceased. The two executors are Adrianne Gibilisco and Steven Mermelstein. The defendants of the case are Jagat Aniroodh, National Retail Systems, Inc., and Keystone Freight Corporation. The case is being heard in the Supreme Court located in New York County. Judge Paul Wooten is overseeing the case.

The case involves a wrongful death suit that was brought about by the plaintiffs Gibilisco and Mermelstein on behalf of the estate of Otto Mermelstein. The defendants have moved for an order to grant summary judgment in the matter of liability. The plaintiffs are opposing this motion and contend that the motion papers are misleading and in error. The plaintiffs state that the defendant Jagat violated vehicle and traffic laws as well as the New York City traffic regulations and rules and that Jagat should be found negligent in the matter.

Case Facts
Defendant Jagat works as a driver for Keystone, which is a company that delivers merchandise to retailers. On the 22nd of September in 2005, Jagat was driving a truck that was owned by the defendant National and had a trailer that was 40 feet long. He was on his way to Bloomingdales at the time of the accident.

Jagat testified that he was not sure if there were any blind spots in the truck as it was dark outside and streetlights were illuminating the area. He states that before the accident he was driving in the second lane from the left located on Third Avenue and going about five or six mph. He says that he was stopped at a red light located on 59th Street behind two vehicles just before the accident happened. When the light turned green he states that he went about fifteen feet at about two or three miles an hour before he struck Mermelstein who was riding a bike. He states that his view of the intersection was clear and that he did not see Mermelstein before he hit him. Jagat states that he heard a loud sound on the right side of his truck. He got out of his truck to see what it was and he saw Mermelstein under the front right side of the truck.

At the scene of the accident no tickets were issued to Jagat. Mermelstein was taken to a hospital and died shortly after. Jagat turned himself into the police station and was given a ticket for driving with a suspended license.

Discussion and Decision

The defendants state that they are entitled to summary judgment because the plaintiffs have not established prima facie to prove negligence. It is also undisputed that Jagat has a green light in his favor and was driving slowly at the time the collision occurred.

The plaintiffs offer the testimony of Allison Santora and Alexander Violette who witnessed the accident as proof that Jagat was negligent in the accident. However, the testimony from the witnesses as well as from emergency responders raise question concerning the circumstances of the accident. These questions that arise in this case make it impossible to rule in favor of a summary judgment. The motion for summary judgment by the defendant is denied.
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A 35-year old Queens man was returning, one December day, by car from New England with his wife when he met an accident. According to the man’s testimony, he had a slight collision with a van in the entrance ramp of the Bruckner Expressway. The collision resulted in locked bumpers. The two drivers exited their vehicles to disengage their bumpers. The next recollection, the man said he was waking up on the ground.

The man’s wife, now deceased, testified at an examination before trial that while she was watching her husband dislodge the bumper, a tire rolled past and hit him in the back, rendering him unconscious. She stated that the tire was traveling so fast, she thought that it killed him. The wife first saw the tire when it was about five feet away from her husband, and did not see where it came from. According to records in court, the tire had an identification tag stapled just below the tread. The tag bore the name of a tire manufacturing company.

The man filed an action against the van owner and the tire manufacturing company to recover damages for the personal injuries he sustained as a result of the accident. The tire manufacturing company moved to dismiss the action complaining that the evidence presented failed to establish any negligence on its part, and failed to connect it with the offending tire. The trial court granted the motion.

On appeal, the appellate court held that the man has established a prima facie case of negligence against the tire manufacturing company under the doctrine of res ipsa loquitur, which means the things speaks for itself. The doctrine means that there must be reasonable evidence of negligence; but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendants, that the truck accident arose from want of care.

The appellate court found that the evidence established the three elements required for application of the doctrine of res ipsa loquitur. A fully inflated truck tire mounted on a rim rolling down an expressway at high speed is the sort of occurrence which does not usually happen unless someone has been negligent by failing to properly secure and maintain the tire, the appellate court held. Additionally, the owner of the truck where the tire came from delivered a repaired truck tire to the Long Island tire company one week before the accident. The appellate court held that it is probable that the repaired tire was the same tire that injured the man.
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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.
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The body of a 43-year-old mother of two was found by police in an industrial part on the eastern outskirts of Matamata. Officials believe she was the victim of a hit-and-run.
The woman was wearing dark clothing and no shoes.

The suspect was probably a truck driver who is thought to have gone back to see what he hit. The victim’s 26-year-old son said that a truck driver who thought he hit something near where the body was found contacted police. He had turned around to check whether he hit something but said he did not find anything at the time.

He has cooperated fully with police who said he returned to town and reported the incident and his GPS co-ordinates.

The mother of two is described by her son as a free spirit who wanted to be a gypsy but who had gained the reputation of a hard-working provider. She wanted to become a head chef and possibly travel the world.

“Everyone loved her as a worker, they’d been trying to get her back for a long time,” her son said.

“She never asked for much for herself. She cared about other people more than she did for herself. She was really loved.”

The woman’s youngest son said he had just recently enjoyed a few drinks with his mother at a local café; that is the last time he saw her alive. He lives in Putaruru.

The owner of the Redoubt Bar & Eatery in Matamata, where the 43-year-old woman worked, closed the shop for the day Friday when he heard of her death.

A Lawyer based in NY City says that thousands of pedestrians are killed by big rigs every year. If a person gets in the path of a large tractor trailer, it is almost impossible to stop or swerve in time to avoid hitting them. With the bulk of the vehicle behind it, it takes a truck driver a lot longer than other vehicles to stop. “And if a truck driver tries to swerve, it could very easily tip itself over – even landing on top of the pedestrian they are trying to avoid,” the Lawyer from Manhattan explains.
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Father of eight died in a motor vehicle accident last week on and Indiana highway. He was hit and killed while standing outside of his tractor trailer alongside the highway.

The 60-year-old man had pulled his semi to the side of the interstate. At this time, his reasons for doing so are unknown. As he was preparing to reenter his truck, a 1994 Ford Ranger drifted from the right lane, catching the man with its passenger-side mirror.

The father of eight was thrown against the pickup and fell to the ground. He suffered fatal head injuries and was pronounced dead at Northlake Methodist Hospital in Gary, Indiana.
The Ranger’s 50-year-old driver was given a ticket for unsafe lane movement. Authorities on the scene did not suspect alcohol played a part in the accident.

The victim of the crash hailed from Decatur and was a “spiritual man who enjoyed playing the guitar, piano and organ at Apostolic Church of God.” The man’s daughter revealed his love of music, especially the guitar, and his love for his kids was great. He had been a member of a few different bands in the ’70s.

Police told the family that even though a ticket had been issued already, the accident is still under investigation.

The 60-year-old had been driving for Western Express for about 10 years. Before that he had worked for Wolverine Tube and Ingalls Shipyard.

Careful driving on your part does not always keep you safe from the carelessness of others, a source laments. When someone else’s mistake or negligence causes us great harm, our world can seemingly crash around our feet.

Tractor trailers are involved in many accidents on the road each year. Thousands of pedestrians are killed every year by vehicles of all different shapes and sizes, too. According to the experience of a source, “Unfortunately, tragedy can strike you even if you are the safest driver there is.” While Westchester has accidents like this, New York City does not.
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A prominent reporter has obtained a report of a truck accidentwhich happened in Lagos, Nigeria. It is thought that at least two people died as a result of the accident, and many other people experienced a number of different injuries.

The accident was caused when four fully loaded petroleum tankers struck a semi-truck which was not parked particularly well in the road. The truck was loaded with iron rods and it’s suspected that one of the trucks first hit an iron rod before colliding with the truck itself.
This accident is said to of caused havoc for the country’s most important city. The witness explains that when an accident like this happens it will shut down many roads for hours, in exactly the same way as in the US.

Eye witnesses who were close to the event as it unfolded were a school bus driver. He explained that the accident happened at around 6:30 in the morning. He said that the tanker truck crashed into another truck because it was trying to avoid hitting a bus which overtook it.
The school bus driver explained that he was going about his normal duties when he heard a loud explosion. When he looked around there was a fireball which caused him to do a U-turn and get out of the area as quickly as possible. After parking his bus he then went back to the scene of the truck accident. He said that the vehicle which the tanker crashed into had two passengers.

Lots of people tried to save the victims inside the burning wreckage of the vehicles. However, because of the extent of the fire, and the extreme heat, it was impossible.

The local police department confirmed that the deaths and offered his sympathy to the families involved. The police were notified about the accident at 6:45 and were on the scene by 7:10.

This accident was so serious that it caused the police to shut all the lanes of the highway for several hours. One lane was able to be opened later on in the day, but normal traffic flow did not resume for quite a long time. Queens and Staten Island have had similar accidents.
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A report which has been obtained by a reporter, explains that a crashwhich occurred on Interstate 95 resulted in the death of a pregnant woman. The accident occurred on Interstate 95 between exits 9 and 10.

Two residents of New Jersey, one of which was a pregnant 18 year old woman were the victim of a tragic accident.

The 18 year old pregnant woman and a 42 year old man died in the crash. It’s alleged that this crash was caused by a drunk driver.

The driver of the SUV which caused the crash survived and was not harmed. She was detained by police and appeared in court on Monday charged with second-degree manslaughter and other charges. The driver is said to be on suicide watch as they fear for the safety of the driver.
The driver of the other vehicle was pronounced dead when emergency services arrived. The 18 year old pregnant girl was pulled from the vehicle by passersby and transported to hospital by ambulance.

The pregnant woman died at 7:12 am on Saturday morning from blunt trauma injuries sustained in the accident. It was not possible to positively identify the driver of the vehicle because he was burned all over.

The family is shaken by this accident and says that they are very sad about losing the life of a young girl and a future mother.

All of the occupants of the SUV were taken for treatment at another nearby hospital. They only had minor injuries which including sprained ankles, concussions and lacerations. The driver of the SUV was taken into custody for more questioning.

The accident happened when the driver of the SUV attempted to overtake a semi-trailer on Interstate 95. However, she lost control and hit the trailer, observed the witness. This caused the truck to flip over and spin which then caught fire.

The driver which caused the accident is a mother of four, and alcohol is thought to of been involved in the accident. The police investigation in Nassau and Suffolk is currently ongoing.
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A pregnant high school student from North Bergen died as a result of a drunken crash, reports a Lawyer. The family of the young girl said that she would have been attending her prom tonight if it wasn’t for this fatal accident.

An 18 year old student and 42 year old man died in the accident. A driver who is alleged to be intoxicated hit the semi-trailer truck on Saturday afternoon. This killed the young girl and the man very quickly. It is believed that the two killed were a couple, and that the 42 year old was in fact the father of her unborn baby.

The Long Island accident caused a large fireball and a lot of noise. The crash happened at 6:15 in the morning. The 42 year old man was the driver of the semi-truck, with the young girl as his passenger. A SUV allegedly driven by a drunk driver is thought to of cut the truck up which caused the truck driver to try and brake and steer out of the way. This caused the cab and the trailer to separate.

Eye witness reports say that the truck fell on its side soon after the impact. The police noted that this would have killed the driver instantly before emergency services could respond. The girl was alive when the police arrived; she was successfully pulled out of the vehicle and was transferred to a local hospital. However, she died shortly after as a result of her injuries.

The principal of North Hills High School was very sympathetic. He offered his sympathy to the family and provided counselors for the other students to talk to. She was a very popular student and the school is flying the flat at half-mast as a mark of respect.

There is a memorial to the much loved student at the school and students have also been allowed the time off school to attend her funeral.

The Long Island principal also led fundraising activities which have managed to raise $5,000 which will help the family to pay for burial costs.
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A semi-truck driver has recently died due to a tragic accident. The accident occurred early on Wednesday morning. The police department is currently investigating the causes of this accident, explains a witness.

The truck accidenthappened at around 5:15 on Wednesday morning. The Auburn Police Department was alerted to the accident which only involved one vehicle on Interstate 85. There were a number of 911 calls to the local police department to tell them about the accident.

The officers arrived quickly on the scene and discovered that the truck had come off the road when travelling north. The truck then crashed into a line of trees where the driver was severely injured.

The Lawyer from The Bronx and Brooklyn has obtained the police report. This shows that the driver was alone inside the cab of the truck at the time of the accident. The driver was 35 years old and was still alive at the time the police arrived, the needed help from other emergency services to get the driver out of the vehicle so that he could be sent for medical treatment.

The 35 year old driver from Georgia was transported to the East Alabama Medical Center where he later died from his injuries. The doctors did everything they possibly could to save the life of the man, but it unfortunately was not possible.

The exact cause of the accident is not completely known. Some eyewitnesses speculate that the actual cause could be a medical condition which caused the driver to lose control and skid off the road. The Auburn police department will continue investigating the accident to try and get to the bottom of the reason why the truck driver lost his life in this way. It’s not thought that alcohol or driver error were to blame at this point in the investigation, notes the report.

It was lucky that this accident didn’t happen at any other time. If it happened during the rush hour or when the road was busier, then it could have potentially caused a lot of harm. This might have endangered the lives of dozens of people in cars traveling along the interstate.
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A man from Torrington is being charged with manslaughter for allegedly falling asleep at the wheel of his car. The driver is also alleged to of been on drugs which caused the truck accident.

The car ploughed into a semi-truck last year. This killed his accident on impact. He has been detained and charged with manslaughter.

The man received several charges including operating under the influence of drugs, misconduct with a motor vehicle and second degree manslaughter. He is thought to have driven the Jeep into the large truck, noted the reporter. The truck was parked up in a parking lot.

The driver turned himself into police at the Clark County Sherriff’s Office which should work in his favor. The State Police taskforce then transported him to Bradley international airport where he was transported to Torrington. Torrington police met him at the airport and took him straight into custody.

The case is currently ongoing and it’s not clear exactly what the outcome will be. It is expected though that if he is released he will not be allowed to operate a motor vehicle.

Officers arrived quickly on the scene of the accident and found the passenger was unresponsive and bleeding profusely from his face. The driver was initially transported to the local hospital as he explained that he swerved to miss a deer.

As a result of the impact of the crash the spare wheel which was not fixed down flew into the air and hit the passenger on the back of the head. The passenger was transported to hospital but was declared dead on arrival.

The car was extensively damaged, stated the witness. The front of the car was pushed back to the wheels. All of the wheels were bent out of shape as a result of the impact. Also, there were no marks on the tarmac which could have suggested that the driver tried to brake or slow down.

The driver told police that he hadn’t slept for over 24 hours; this is thought to be a contributing factor in the accident. Brooklyn and The Bronx experience accidents like this also.

As with all serious accidents, a drugs test was conducted. The urine of the truck driver discovered that he had been taking cocaine and benzodiazepine, according to the court documents obtained by the police.
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