Bicyclist Qiang Tu Died In Sunnyside, Queens Box Truck Accident By The Intersection of 47th Street and 47th Avenue
QUEENS, NEW YORK (November 4, 2021) – A person riding a bicycle identified as Qiang Tu has tragically died in a box truck accident near the intersection of 47th Street and 47th Avenue.
New York City police officials are saying that the accident took place around 8:36 a.m. on Wednesday, November 3rd. Qiang Tu was riding a bike when they were hit by a box truck making a right turn onto 47th Street.
Firefighters and paramedics were called to the scene of the collision in order to help the victim. The bicyclist was found unconscious in the roadway and transported to a nearby hospital.
Despite life-saving measures Qiang Tu died due to their injuries. Police arrested the driver of the box truck and charged them with Aggravated Unlicensed Operator.
A full investigation into the accident with the unlicensed box truck driver remains ongoing at this time. In total, this marks this 16th fatal NYC collision with a bicyclist this year.
Liability In Queens Box Truck Accidents
According to one report from the Insurance Institute for Highway Safety (IIHS), around 2% of all of the fatal collisions that take place every year involve bicyclists. The most serious injuries that occur are head injuries, which highlights the importance of wearing a helmet. About 65% of major bicyclist accidents occured on major roads. In New York City, the vast majority of collisions occur on a relatively small number of roads and intersections. Factors that could influence the likelihood of a collision could include:
- Distracted driving
- Inclement weather
- Driver intoxication
- Driver fatigue
Drivers of commercial trucks must get a commercial driver’s license (CDL) and are held to a high standard in terms of safety. Truck drivers must pass a knowledge and skills test. Driving a commercial truck is much more difficult than driving a passenger vehicle. If a truck driver does not have the proper license and certifications, they could face criminal sanctions in the event of an accident. Aggravated unlicensed operation of a motor vehicle is a misdemeanor traffic offense in New York. It can carry fines up to $500 and up to 30 days in jail.
The FMCSA outlines a truck companies duties when hiring truck drivers. A truck company could be liable for an accident if their driver was unlicensed. All companies have a legal obligation to reasonably vet their employees and drivers. Failure to do so could lead to an employer being liable through a negligent hiring claim. A company either knew or should have known a driver’s licensing status before hiring them. A truck driver could also be liable for an accident if they violated traffic laws
All drivers have a legal obligation to exercise due care in order to avoid hitting bicyclists under New York Vehicle & Traffic Law § 1146(a). Drivers could also be liable for a crash if they made an unsafe turning movement. According to New York Vehicle & Traffic Law § 1163, “No person shall turn a vehicle at an intersection […] or move right or left upon a roadway unless and until such movement can be made with reasonable safety.” There are a number of steps that should be taken after any box truck accident.
- Surveillance footage of the accident should be sought. Many intersections are covered by surveillance cameras.
- Eye witnesses should be interviewed.
- A truck driver’s record should be examined.
- The company that hired the truck driver in question should be investigated.
The family of any victim that died in a truck accident may be able to seek justice through a wrongful death claim. Damages in a civil claim can help cover lost wages, medical bills and pain and suffering. Potential beneficiaries in a civil claim will typically include a victim’s next of kin. Sadly, though, truck companies will often fight hard to deny liability for accidents involving their drivers. A wrongful death attorney can examine all of the unique facts of your case and let you know what your legal options are.
Investigating A Queens Box Truck Accident
We at Gersowitz Libo & Korek, P.C. extend our deepest condolences to the family of Qiang Tu. Any person that may have information about what happened should reach out to police. It is deeply disturbing to hear that the truck driver involved in this crash did not have a license.
This accident also raises a number of safety concerns. What company did this truck driver work with? Why doesn’t the driver have a license? Was this driver potentially distracted? There have been far too many cyclist deaths in New York City this year. It is our sincere hope that steps will be taken to help make our roads and intersections safer for everyone.