Bicycle Rider Injured In Jamestown Accident Involving Garbage Truck On Prendergast Avenue Near Fourth Street
CHAUTAUQUA COUNTY, NEW YORK (September 25, 2021) – A bicyclist was injured in a Jamestown car accident with a garbage truck on Prendergast Avenue by Fourth Street.
Jamestown Police officials are saying that the collision took place around 5:30 a.m. on Wednesday, September 22nd. A garbage truck was involved in a collision with a bicycle in the roadway.
Firefighters and paramedics were called to the scene of the collision in order to help the bicyclist. Police officials interviewed the driver of the garbage truck who remained at the scene.
A full investigation into the collision remains ongoing at this time.
Liability In Jamestown Garbage Truck Accidents
According to one report from the Federal Motor Carrier Safety Administration (FMCSA), in 2017 alone there were over 2,430 collisions with garbage trucks. These commercial vehicles pose a number of unique hazards to pedestrians due to their large size. It can take along time for a garbage truck to stop due to its weight. They also have large blind spots that can obscure the presence of pedestrians. Other factors that could potentially influence the likelihood of a garbage truck accident include:
- Inclement weather
- Driver inattention
- Brake problems
- Over-the-counter drug use
The safety record of the private garbage collection industry in New York is much worse than its public counterpart. According to one report by ProPublica, working 10 – 14 hour shifts 6 days a week is not unheard of for private garbage collection workers. Garbage truck drivers are put under constant pressure from their boss to complete their routes as quickly as possible. This has led to gaps in safety that have often had fatal consequences. In 2017 alone, 7 people have died in collisions with private garbage trucks in New York City. By contrast, municipal owned garbage trucks haven’t caused a fatal accident since 2014.
Like everyone else on the road, garbage truck drivers have a responsibility to exercise due care to avoid collisions. According to New York Vehicle & Traffic Law § 1146(a), “every driver of a vehicle shall exercise due care to avoid colliding with any bicyclist, pedestrian, or domestic animal upon any roadway and shall give warning by sounding the horn when necessary.” When a garbage truck driver fails to exercise due care and hits a bicyclist they could be held liable.
Moreover, liability for a garbage truck accident may extent to the corporate or municipal entity that owned the garbage truck. Generally speaking, corporate and municipal entities are liable for the negligent actions of their employees – insofar as the negligent conduct was generally foreseeable and a natural incident of their employment. There are a number of steps that should be taken after any garbage truck accident.
- Photos of the accident site should be captured.
- Surveillance footage should be sought. Nearby businesses often have footage of accidents.
- Medical attention for injuries should be sought and medical records should be preserved.
- Eye witnesses should be interviewed.
Any person that is injured due to the negligent actions of a garbage truck driver may be able to seek justice through a bodily injury claim. Damages in a civil claim can help cover lost wages, medical bills and pain and suffering. Many victims may not realize how injured they are until weeks or months after a collision. A New York garbage truck accident lawyer can examine all of the unique facts of your case free of cost and let you know what your legal options are.
Investigating A Chautauqua County Garbage Truck Accident
We at Gersowitz Libo & Korek, P.C. extend our best wishes to the bicyclist injured in this Jamestown bicycle accident. There needs to be a thorough investigation into what happened. Any person that may have seen the crash should come forward and speak to police.
This incident also raises a number of important safety questions. Did this garbage truck driver see the bicyclist? Did they get the proper training? Could this accident have been prevented? Most bicycle accidents can be prevented when drivers scan the road ahead of them and abide by all traffic regulations.