British Actress Kathryn Prescott Critically Injured In Cement Truck Accident While Crossing Street In Brooklyn Borough of New York City Near Bergen Avenue and Vanderbilt Avenue
BROOKLYN, NEW YORK (September 10, 2021) – A British actress identified as Kathryn Prescott, who is known for playing Emily Fitch on Skins, was critically injured after being hit by a cement truck in Prospect Heights, Brooklyn.
Megan Prescott, who is the victim’s sister, shared the news about what happened on Instagram. Kathryn Prescott was crossing a street by Bergen Avenue and Vanderbilt Avenue in Prospect Heights, Brooklyn when she was knocked to the ground by a cement truck.
An ambulance was called to the scene of the collision in order to help the actress. Kathryn Prescott was taken to the hospital in order to receive treatment for serious injuries including a “broken pelvis in two places, both of her legs, her foot and her left hand.”
The driver of the cement truck was issued a summons for failure to yield to a pedestrian.
Megan Prescott lives in the United Kingdom and has been trying to travel to New York City in order to help her sister. But the US Embassy rejected her travel application due to Covid-19 restrictions.
She is asking the public for help so that she can see her twin sister. A full investigation into the New York City cement truck accident that injured Kathryn Prescott remains ongoing at this time.
Liability In New York City Cement Truck Accidents
The FMCSA estimates that truck accidents kill nearly 4,000 people every year in the United States. Tens of thousands more are seriously injured. Cement trucks can be particularly dangerous for numerous reasons. For example, a cement truck can weigh nearly 40,000 lbs. A fully loaded truck can weigh an additional 26,000 lbs for a combined weight of 66,000 lbs. This weight can cause cement trucks to travel 20-40% farther than passenger vehicles before coming to a complete stop. Other factors that could contribute to a cement truck accident may include:
- Blind Spots: Commercial trucks have large blind spots that can easily obscure the presence of pedestrians.
- Inclement Weather: Even in the best of circumstances navigating a commercial truck can be difficult. Drivers should slow down below the speed limit during times of inclement weather.
- Driver Fatigue: The Centers For Disease Control estimates that staying awake for only 18 hours reduces driving ability equivalent to driving with a BAC of 0.05%.
Drivers in New York have a legal obligation to exercise due care in order to avoid hitting pedestrians. According to New York Vehicle & Traffic Law § 1142(b), “if [a] driver is involved in a collision with a pedestrian in a crosswalk or a vehicle in the intersection after driving past a yield sign without stopping, such collision shall be deemed prima facie evidence of his failure to yield the right of way.” When a driver fails to exercise due care and strikes a pedestrian they could be liable in the event of an accident.
If the negligent driver was operating a commercial vehicle such as a cement truck at the time of a collision the company that they were working for could be liable. In the United States, supervisory entities (e.g., employers) can be vicariously liable for the negligent actions of subordinates (e.g., employees). According to the New York Court of Appeals case Judith M. v. Sisters of Charity Hosp., 93 N.Y.2d 932, 933 (1999), an employer may be liable for the negligent actions of employees, “so long as the tortious conduct is generally foreseeable and a natural incident of the employment.” New York courts will examine multiple factors to determine whether vicarious liability will apply.
- The time, place and occasion of the act
- The history and relationship between any employer and employee
- Whether an act performed by an employee is commonly performed by that employee
- The extent to which an employee departed from standard procedure
- Whether any specific act was one the employer could have reasonably anticipated
The FMCSA requires commercial trucks to carry at least $750,000 – $5,000,000 worth of liability coverage in the event of an accident. An injured victim may be able to gain access to these insurance policies by filing a personal injury claim. Damages in a civil claim can help cover lost wages, medical bills and pain and suffering. It is crucial that medical bills are well documented and that any accident is thoroughly investigated. Truck companies will often fight extremely hard to deny responsibility if their driver hits and injures someone. A New York City truck accident attorney can examine all of the unique facts of your case and let you know what your legal options are.
Investigating A New York City Cement Truck Accident
We at Gersowitz Libo & Korek, P.C. extend our best wishes to Kathryn Prescott as she continues to recover. It is deeply unfortunate that the US Embassy is denying Megan Prescott the ability to visit her sister during this incredibly difficult time. It is our sincere hope this matter can be resolved quickly for the sake of the victim and her family.
Any person that may have seen the collision should reach out to NYC investigators. As personal injury attorneys we remain deeply concerned by the sharp rise in motor vehicle accidents across New York City. The vast majority of pedestrian collisions can be avoided when drivers follow traffic laws and scan the road ahead of them.