One Person Hospitalized After Midwood, Brooklyn Garbage Truck Accident By Avenue O and East 26th Street
BROOKLYN, NEW YORK (October 1, 2021) – One person was injured in an accident involving an out-of-control garbage truck in Midwood, Brooklyn by the intersection of Avenue O and East 26th Street.
New York City police officials are saying that the accident took place around 1:00 a.m. on Friday, October 1st. The out-of-control garbage truck struck a parked car before jumping the curb.
The truck continued moving before it hit a building and stopped. Firefighters and paramedics were called to the scene of the collision.
One person was taken to the hospital in order to receive treatment. A full investigation remains ongoing at this time.
Liability In Brooklyn Sanitation Truck Accidents
The Federal Motor Carrier Safety Administration (FMCSA) reported that there were over 2,430 accidents with garbage trucks in 2017 alone. This resulted in 107 fatalities and many more serious injuries. Pedestrians an bicyclists were the most vulnerable in these collisions. There are a number of ways that a garbage truck can be particularly dangerous.
- Stopping Distance: A fully loaded garbage truck traveling at 65 mph can take nearly the length of two football fields to come to a stop.
- Weight: Garbage trucks can weigh as much as 51,000 lbs. Even a low impact collision can have deadly consequences.
- Brake Failure: Commercial trucks are more likely to suffer brake failure if they are not properly maintained and operated.
Garbage truck companies are held to a high standard in terms of safety. All garbage truck operators must exercise due care in order to avoid causing collisions. According to New York Vehicle & Traffic Law § 1180 (a), “No person shall drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing.” When a garbage truck driver fails to operate their vehicle with due care and causes an accident they could be held at fault in the event of an accident.
But not all collisions are the result of operator error. For example, many collisions are due to brake failures. There could be numerous sources of potential liability for any accident that was due to a brake failure. The company responsible for maintaining a truck could be liable for neglecting to maintain that truck. The manufacturer of a garbage truck or its component parts could also be liable for an accident if the brake failure was the result of a design or manufacturing defect.
Consider, for example, the case of Normoyle v. New York City Transit Authority. Defendants can’t merely allege brake failure without producing evidence of such a defect. As outlined in the court’s opinion, “If defendant intended to lay blame for the accident on brake failure, it was incumbent upon [it] to show that the problem with the brakes was unanticipated, and that [it] had exercised reasonable care to keep them in good working order” (O’Callaghan v Flitter, 112 A.D.2d 1030, 1031; see also, Benyarko v Avis Rent A Car Sys., 162 A.D.2d 572).” Victims of garbage truck accidents tend to suffer very serious and costly injuries including:
- Broken bones
- Head injuries
- Spinal cord injuries
Any person that is injured in a garbage truck accident 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 will not realize the full extent of their injuries until several weeks or months after an accident. This is why it can be so important to continue to seek follow up care after an accident. A New York garbage truck accident attorney can examine all of the unique facts of your case and let you know what your legal options are.
Investigating A Brooklyn Trash Truck Accident
We at Gersowitz Libo & Korek, P.C. extend our best wishes to the person injured in this accident. Anyone that may have information about what happened should reach out to authorities. There needs to be a thorough investigation into what happened. Someone could have easily been killed.
This accident raises a number of safety questions. Were the brakes on this garbage truck properly maintained? Was speed a factor in the crash? Could this accident have been prevented? It is our sincere hope that steps are taken to help prevent additional collisions like this. Most garbage truck accidents can be prevented when New York Vehicle & Traffic Laws are observed and garbage trucks are properly maintained.