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Pedestrian Injured In Queens Truck Accident By Elmhurst Avenue and Broadway

Pedestrian Critically Injured In Queens Creamoland Truck Accident At The Intersection of Broadway and Elmhurst Avenue

Pedestrian injured in Queens milk truck crash by Elmhurst Avenue and Broadway

QUEENS, NEW YORK CITY (October 16, 2021) – A pedestrian was seriously injured in a collision after being hit my a milk truck that ran a red light by Broadway and Elmhurst Avenue.

New York City police officials are saying that the collision took place around 7:10 p.m. on Thursday, October 14th. A pedestrian was trying to cross the intersection in a marked crosswalk when they were hit by a Creamoland milk truck that ran a red light.

The truck appears to have traveled for some distance after the crash before stopping. Firefighters and paramedics were called to the scene of the collision in order to help the pedestrian.

They were taken to the hospital with serious injuries. Their current condition remains unknown at this time. It remains unclear if the driver of the milk truck will receive any citations for failure to yield.

Dash cam footage of the accident was initially posted to Reddit and was later reposted to twitter. Numerous people who witnessed the crash are calling the intersection dangerous.

According to one analysis from City Stats, there have been 21 accidents at Broadway and Elmhurst Avenue since January 2019. A full investigation into the accident remains ongoing at this time.

Liability In New York City Truck Accidents

According to one report from the New York City Department of Transportation, “Driver inattention was cited in nearly 36% of crashes resulting in pedestrians killed or seriously injured. 27% of fatal pedestrian crashes involved driver failure to yield.” A small concentration of intersections, in particular, account for a disproportionate number of collisions. There are a number of steps that cities can take in order to reduce the occurrence of pedestrian accidents.

  • Cities should study intersections with a history of accidents. This might point to underlying safety problems.
  • Cities should heavily enforce traffic violations that lead to pedestrian collisions.
  • Cities should employ traffic calming measures along roadways with a history of speeding.

Depending on the specific facts of any case, there could be numerous sources of liability for a pedestrian accident. Truck drivers must receive a commercial driver’s license (CDL) and are held to a high standard in terms of safety.  According to New York Vehicle & Traffic Law § 1146(a), drivers must exercise due care in order to avoid hitting pedestrians, bicyclists and domestic animals in the roadway. They must also obey the instruction of all traffic-control devices applicable to them under New York Vehicle & Traffic Law § 1110 (a).  If a truck driver goes past a yield sign without stopping this may be considered prima facie evidence of their failure to yield under New York Vehicle & Traffic Law § 1142 (b).

If a truck driver was working at the time of a collision, the company that they were working for could also be held at fault. Generally speaking, companies are liable for the negligent actions of their employees – insofar as the negligent conduct was reasonably foreseeable and a natural consequence of the worker’s employment. Many truck drivers, however, are employed as independent contractors. It is important to determine the status of a truck driver following any collision. When an intersection has a history of collisions, there could potentially be liability on the part of a city for an accident.

Municipalities in New York have a legal responsibility to maintain roadways in a reasonably safe condition. A city may be liable for injuries caused by a dangerous condition in the roadway. Pursuant to Administrative Code § 7–201(c) no civil action may be taken against a city for injuries due to a defective condition with a roadway unless the city receives prior written notice about the defective condition. The city must then conduct a study to determine if a roadway or intersection must be upgraded to conform to established safety standards. A city’s failure to upgrade a roadway after a reasonable period following a study could create the basis for a negligence claim.

There are, however, two exceptions recognized by the New York Court of Appeals for the statute’s requirement of prior written notice for roadway defects. (1) An exception exists when a defect or hazard is created by the city through  an affirmative act of negligence. (2) An exception exists when the municipal entity receives a “special use” or receives a specific benefit from an area where the defect in question exists.  There are a number of steps that should be taken after any New York City truck accident.

  • Eye witnesses should be interviewed.
  • Surveillance footage of the accident should be sought.
  • The history of accidents at any intersection should be studied.
  • It should be determined if a city received prior written notice of a dangerous condition at an intersection.
  • A truck driver’s work records should be examined.
  • Medical records should be preserved.

The FMCSA requires commercial trucks to carry between $750,000 – $5,000,000 worth of liability coverage. Trucks that transport hazardous materials will typically need higher insurance limits. Any person that is injured due to the negligence of a 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. A New York City truck accident attorney can examine all of the unique facts of your case free of cost and let you know what your legal options are.

Investigating A Queens Truck Accident

We at Gersowitz Libo & Korek, P.C. extend our best wishes to the pedestrian injured in this Queens milk truck accident by Elmhurst Avenue and Broadway. Any person that may have information about what happened should reach out to police. This was a totally preventable tragedy that should have never taken place. There needs to be some accountability for the sake of the victim. Why did the truck driver in this crash run a red light? Were they distracted? Were they fatigued? Did a dangerous condition with the intersection contribute to this crash? Most pedestrian collisions can be prevented when drivers slow down and exercise due care.

Do you need help after being injured in a Queens truck accident? There are a number of laws designed to protect you. Our team of personal injury attorneys are here to help with whatever you need. We are committed to helping accident victims get the support that they are entitled to under the law. You can reach out to us anytime at (516) 908-9792.


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