Joseph Digiovanni of Fairfield County Injured In Car Accident With Dump Truck Hauling Cement Mixer In Harrison On The Cross Westchester Expressway
WESTCHESTER COUNTY, NEW YORK (August 21, 2021) – A married couple identified as David Massarotti and Chandra Massarotti have died and another man identified as Joseph Digiovanni was injured in a cement truck accident on the 1-287 Expressway in Harrison.
New York state police are saying that the collision took place shortly after 8:00 a.m. in the eastbound lanes of the roadway. The driver of a dump truck hauling a cement mixer approached slowing traffic on the roadway.
Unfortunately, the driver of the cement truck didn’t slow down in time and rear-ended a Chevy pickup driven by David Massarotti whos passenger was Chandra Massarotti.
The couple’s pickup truck was then pushed into a Honda Accord driven by Joseph Digiovanni. That vehicle then struck an express van driven by Daniel Moreno which in turn hit a Jeep driven by John Gruber.
Paramedics were called to the scene and took Joseph Digiovanni to the hospital in order to receive treatment. David Massarotti and Chandra Massarotti were extracted from their vehicle but could not be saved after the collision.
A full investigation into the fatal Harrison cement truck accident remains ongoing at this time.
Liability In Harrison Car Accidents Involving Cement Trucks
According to data released by the FMCSA, there are over 1,000 elements that could increase the likelihood of a collision with a truck. Some of these factors are well within driver control. But many are beyond driver control. For example, rain may slick the roadways and make a traffic accident more likely. Three types of critical events in particular normally account for a majority of truck accidents.
- Loss Of Lane: In 32% of large truck crashes running out of lane and needing to go into another lane or off the road was the critical event.
- Loss of Control: In 29% of crashes a loss of vehicle control either from speeding, cargo shift or system failure was the critical event.
- Slowed Traffic: Colliding with the rear of traffic in a truck’s lane was the critical event in 22% of crashes.
There is no good reason that a truck driver should ever rear-end another vehicle. These are among the most preventable types of collisions. When a truck driver rear-ends someone they will nearly always be held at fault. The problem is that cement trucks are so heavy that by the time a truck driver realizes that they need to slow down it is already too late.
Truck drivers are held to a high standard in terms of safety. They must scan the road ahead of them and always remain vigilant to avoid causing collisions. New York state law requires cement truck drivers and other commercial drivers to abstain from alcohol. A commercial driver may not start their shift with a BAC of 0.02%. They may not drive with a BAC of 0.04% or higher.
The FMCSA requires many commercial trucks to carry insurance limits between $750,000 – $5,000,000 depending on what they are transporting. If a truck driver was working for a company at the time of a collision that company could be responsible for an accident. But many companies will hire their drivers as “independent contractors.” It is important to determine the status of a truck driver at the time of a collision. Victims of cement truck accidents tend to suffer very serious injuries including:
- Brain injuries
- Head injuries
- Soft tissue injuries
- Psychological trauma
Any person that is injured in a cement 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. It is crucial to keep a record of bills incurred after an accident. It’s also a good idea to speak with an experienced attorney. An attorney can fight on your behalf to help you get the support and aid that you are entitled to under the law.
Investigating A Westchester County Cement Truck Accident
We at Gersowitz Libo & Korek, P.C. extend our best wishes to Joseph Digiovanni as he continues to recover. We offer our deepest condolences to the friends and family of David Massarotti and Chandra Massarotti who were taken from this earth far too early. There needs to be a thorough investigation for the sake of all who have gone through so much. As personal injury attorneys and consumer safety advocates we remain hopeful that justice will be done after this collision. The company that owns this cement truck should do the right thing and take steps to help all of the victims of this tragedy.