63-Year-Old Crossing Guard Killed In Queens, Dump Truck Collision By Atlantic Avenue and Woodhaven Boulevard
QUEENS, NEW YORK (October 22, 2023) – A 63-year-old crossing guard has tragically died after being hit by a dump truck in Queens by Atlantic Avenue and Woodhaven Boulevard.
New York City police officials are saying that the accident took place around 8:00 a.m. on Friday. An on-duty school crossing guard just helped five people cross a busy street when she was hit by a dump truck.
The dump truck driver was making a right turn at the time of the collision. Firefighters and paramedics were called to the scene of the collision in order to help the victim.
Sadly, she later die due to her injuries. Police officers arrested the 39-year-old dump truck driver for failing to yield to a pedestrian.
A full investigation into the collision remains ongoing at this time.
Liability For Queens Dump Truck Accidents
Dump trucks weigh substantially more than passenger vehicles and can be very dangerous for pedestrians. They have large blind spots that can easily obscure the presence of pedestrians and bicyclists. According to the Engineering News-Record, “Dump truck accidents severe enough that the vehicle had to be towed away rose 9%, hitting 8,206 in 2016, the latest year statistics are available.” There are a number of steps that dump truck drivers should take in order to avoid hitting pedestrians.
- Dump truck drivers should be well rested before starting their shift.
- Dump truck drivers should check their blind spots before making turns.
- Dump truck drivers should use their horn when needed to alert pedestrians.
Dump truck drivers will need to get a commercial license. They must undergo specialized training and are expected to use the utmost care to avoid collisions. Pursuant to New York Vehicle Code 1146, all drivers must exercise due care in order to avoid hitting pedestrians, bicyclists and domestic animals in the roadway. If a dump truck driver fails to slow down to avoid hitting a pedestrian, this could form the basis of a negligence claim.
If a dump truck driver was working at the time of a collision, their employer could be held at fault. Employers are typically liable for the wrongful acts of their employees. According to Judith M. v. Sisters of Charity Hosp., 93 N.Y.2d 932, 933 (1999) respondeat superior will apply “so long as the tortious conduct is generally foreseeable and a natural incident of the employment.” There are many factors that could contribute to a dump truck accident.
- Collisions are more likely to occur at night and during the early morning hours.
- Dump truck accidents are more likely to occur if dump truck drivers are overworked and fatigued.
- Dump truck accidents are more likely to occur when drivers break traffic regulations.
The vast majority of car accidents are preventable and involve some amount of driver error. In particular, dump truck drivers often fail to check their blind spots when they are making turns. It is important that accident victims understand that they do have rights. The family of any person that died in a dump truck accident may have legal recourse through a wrongful death claim.
Investigating Queens Pedestrian Accidents
We at Gersowitz Libo & Korek, P.C. extend our deepest condolences to the family of the crossing guard that died in this accident. Any person that may have more information about what happened should reach out to police. There needs to be some accountability for the sake of the victim’s family.
Do you need more information about a queens dump truck accident? Our team of pedestrian safety advocates are here to help in any way that we can. We care deeply that accident victims are aware of their rights and that truck companies are held accountable for their negligence. Whether you just have legal questions or need any type of support we are here for you. You can reach out to us anytime at (516) 908-9792.
