Brooklyn truck driver kills a bicyclist while working. How will fault be determined?
If a truck collides with a pedestrian or someone who is unprotected on a bicycle, there is a high probability of serious injury or death.
A truck that is owned by an iron works company was involved in a fatal accident with a cyclist on the streets of Brooklyn.
Iron works truck runs over man on bicycle while turning
Police believe that the 54 year old male driver was going south on Vandervoort Ave in the East Williamsburg area when the crash happened. The driver was in the far right side lane, and he attempted to cut across several lanes of traffic to make a left turn when the collision occurred. While the truck moved into the northbound lanes, the victim fell off of his bicycle and went underneath the tires on the left side of the truck. This initial impact caused multiple other accidents, including a Honda Accord that went into a Chevy Malibu afterward.
Witnesses nearby and the police report both said that it looked like the truck driver was making a poorly executed turn into a garage on the opposite side of the road.
Medical personnel on the scene transported the bicyclist to Woodhull Medical Center. He was pronounced dead at the hospital. The police released his name and revealed that he was a 41 year old male from Bushwick. Police remained with the truck driver on the scene to investigate and interview him. The driver’s name was not released, and the investigation was still incomplete at the end of the day.
Both the driver of the truck and the business owner declined to speak with news outlets or reporters. The company that owns the truck is called European Iron Works. They are located in Greenpoint on McGuinness Boulevard.
Several bicyclists are killed in the streets of the New York metro area each year, and it seems to be a recurrent problem.
Is the bicyclist at fault for the accident?
While it may seem like the truck driver would have a difficult time seeing a bicyclist while working, fault is a determination that needs to be made after each individual accident. When the police arrive on the scene after the accident, they will make some conclusions about what they believe caused the accident and also provide some basic factual information in their report. This evidence is crucial in determining fault from an insurance perspective or during the course of a related personal injury lawsuit.
Even if a driver is charged criminally with a crime such as vehicular manslaughter for their actions related to a fatal accident, the civil courts will still make a separate determination as to the issue of fault.
Wrongful death cases
When someone is killed by the negligence of a driver, New York has a wrongful death statute available to assist the victim’s family. The law essentially says that spouses, children, and certain other family members can attempt to recoup the value of the services and wages the person provided through a civil case.
Get local help after any kind of accident
If you have been hit by a truck driver in Brooklyn or anywhere in the New York City area, contact Jeremy Schiowitz. He focuses on helping victims of all kinds of motor vehicle crashes receive compensation for their injuries.
