Rachel Gandel Died In Bedford-Stuyvesand, Brooklyn Flatbed Truck Accident Near The Intersection of Myrtle Avenue and Bedford Avenue
BROOKLYN, NEW YORK (September 2, 2021) – A woman pushing a stroller identified as Rachel Gandel has tragically died in a flatbed truck accident near the intersection of Myrtle Avenue and Bedford Avenue.
New York City police officials are saying that the collision took place around 11:00 a.m. in Bedford-Stuyvesant. Rachel Gandel was pushing a stroller with a 1-year-old child when she was hit by a flatbed truck.
Firefighters and paramedics were called to the scene of the collision in order to help the victim. Rachel Gandel was taken to the Brooklyn Hospital and later pronounced dead.
The truck driver missed hitting the child who was then taken to the Bellevue Hospital in Manhattan. Police officials interviewed the driver of the flatbed truck who remained at the scene.
The truck driver told police that he did not see the victim after he got the light. NYC Crash Mapper indicates that there have been 20 crashes at the intersection of Myrtle Avenue and Bedford Avenue since 2011.
A full investigation into the fatal Bedford-Stuyvesand, Brooklyn Flatbed Truck Accident remains ongoing at this time.
Liability In Brooklyn Flatbed Truck Accidents
According to data released from the New York Department of Health, there are 312 pedestrian deaths per year on average in New York. Accident rates were highest for pedestrians aged 65 and older. Pedestrian collisions were up 58% over the same period last year. To help combat pedestrian accidents city officials have implemented a plan dubbed “Vision Zero” by Mayor de Blasio. There are a number of measures described in the Vision Zero plan.
- The DOT and NYPD will seek to discover high-crash corridors in all boroughs.
- City owned trucks will be equipped with surround cameras to make pedestrians more visible.
- $39,000,000 will be spent on long-term safety improvements for McGuinness Boulevard.
Truck drivers are held to a high standard in terms of safety. All truck drivers are expected to exercise due care and scan the road ahead of them in order to avoid hitting pedestrians. According to New York Vehicle & Traffic Law § 1142(b), drivers “shall yield the right of way to any pedestrian legally crossing the roadway on which he is driving.” Hitting a pedestrian after driving past a yield sigh without stopping may be considered prima facie evidence of failure to yield.
Depending on the facts of any case liability for a truck accident may extend beyond a truck driver. For example, if the truck driver was working a the time of a collision the company that they were working for could be held at fault. However, truck companies will try to evade liability for an accident by hiring their truck drivers as “independent contractors.” It’s important to determine the status of any truck driver at the time of an accident.
Determining liability for a pedestrian collision can be difficult. But even if the victim of any accident is partially at fault this will not bar them or their family from potentially filing a civil claim. New York is one of 13 states that operates under a pure comparative negligence law with (N.Y. C.P.L.R. § 1411). Even if a plaintiff is 99% at fault for an accident, they may still pursue a claim. Damages, however, are reduced proportionately by the percentage a victim is deemed to be at fault. There are a number of steps that should be taken after any pedestrian accident.
- Photos of the accident site should be taken.
- Eye witnesses should be interviewed.
- All drivers involved should be interviewed.
- Surveillance footage should be sought.
- A truck driver’s work records should be examined.
Victims of truck accidents are protected by a number of laws. For example, the family of any victim that died in a New York City truck accident may be able to seek justice through a wrongful death claim. These claims may be brought when there is a “wrongful act, neglect or default which caused the decedent’s death.” Damages in a civil claim can help cover lost wages, medical bills and pain and suffering. A wrongful death attorney can evaluate the specific facts of your case free of cost and let you know what your legal options are.
Investigating A Bedford-Stuyvesand, Brooklyn Flatbed Truck Accident
We at Gersowitz Libo & Korek, P.C. offer our deepest condolences to the family of Rachel Gandel. There needs to be a thorough investigation into what happened. Any person that may have witnessed the crash should speak with NYPD officials.
There are also a number of questions that should be answered. Why is it that this truck driver apparently didn’t see the victim prior to the crash? Could this accident have been prevented? It is our sincere hope that city officials will consider measures to help make this intersection safer for everyone. There have been far too many accidents already.