Taurino Rosendo Morales, Delfino Eduardo Maceda Died In Upper East Side, Manhattan Baldor Express Transportation Truck Accident Along east 61st Street
MANHATTAN, NEW YORK CITY (December 28, 2021) – A bicyclist identified as Taurino Morales and a pedestrian identified as Delfino Maceda have tragically died in a delivery truck accident on East 61st Street.
New York City police officials are saying that the collision took place on Friday morning, December 24th. A Baldor Express Transportation truck was facing northbound prior to the collision.
The driver of the truck suddenly accelerated forward onto the sidewalk before hitting a fire hydrant. The delivery truck kept going forward and hit bicyclist Taurino Rosendo Morales and pedestrian Delfino Eduardo Maceda.
Both victims were seriously injured in the crash and paramedics were called to help them. Taurino Morales and Delfino Maceda were taken to New York Presbyterian Hospital but died due to their injuries.
Police interviewed the driver of the truck involved in the crash. He told NYC officials that the gas pedal on the truck became stuck as he was making the turn.
A full investigation into the fatal Manhattan crash that killed Taurino Morales and Delfino Maceda remains ongoing at this time.
Liability In Manhattan Delivery Truck Accidents
Thousands of pedestrians are killed every year in truck accidents. According to one report from the Centers for Disease Control, “In 2017, 5,977 pedestrians were killed in traffic crashes in the United States. That’s about one death every 88 minutes. Additionally, an estimated 137,000 pedestrians were treated in emergency departments for nonfatal crash-related injuries in 2017.” Small children and elderly pedestrians are at the greatest risk of being involved in accidents. There are a number of factors that make commercial trucks particularly dangerous for pedestrians.
- Commercial trucks have large blind spots that can obscure pedestrians.
- Commercial trucks are in constant use and their component parts can fail more often than those in passenger vehicles.
- Commercial trucks take much longer to stop than passenger vehicles.
New York truck drivers must get a commercial driver’s license (CDL) and are held to a high standard in terms of safety. Many accidents take place when drivers fail to yield to pedestrians. According to New York Vehicle & Traffic Law § 1146(a), all drivers must yield the right of way to pedestrians in the roadway. Driving past a yield sign and hitting a pedestrian without yielding may be considered prima facie evidence of that driver’s failure to yield. Speeding is also another major contributing factor for truck accidents.
If a truck driver was working at the time of a collision, the company that they were working for could be held at fault. Generally speaking, companies are liable for the negligent actions of their drivers – insofar as the tortious conduct was reasonably foreseeable and a natural consequence of the employee’s work. It is important to determine the employment status of any delivery truck driver involved in an accident.
The company that maintained a truck or manufactured it’s component parts could also be liable for an accident. Many truck driver’s claim that some part of their vehicle malfunctioned only to obscure their own negligence for the accident. But there are many instances where a vehicle malfunctions and the gas pedal may stick. Brake pedals could become stuck due to frictional wear on the brake mechanism or defective electronic controls. It’s important that there is a thorough investigation after any serious truck accident.
- Did the gas pedal get stuck? If so, what caused this?
- Did the truck driver involved in the collision have adequate training?
- Was the truck being properly maintained prior to the crash?
- Is there surveillance footage of the crash?
The family of any victim that died in an accident may be able to seek some measure of justice through N.Y. Est. Powers & Trusts Law § 5-4.1 (2021). Damages can help cover lost wages, medical bills and pain and suffering. A truck accident attorney can examine all of the unique facts of your case and get to the bottom of what may have caused an accident. It’s important to act quickly after an accident so that evidence is preserved and that your rights are being protected.
Investigating A Manhattan Delivery Truck Accident
We at Gersowitz Libo & Korek, P.C. extend our deepest condolences to the families of Taurino Morales and Delfino Maceda. Any person that may have information about what happened should reach out to police. This was a tragic accident that should have never taken place. This incident also raises a number of safety concerns. Did the gas pedal on this truck stick? If so, what caused this to happen? When was the last time this truck was maintained?
Do you need more information about an accident that took place in Manhattan? Our team of personal injury attorneys can help you get the information and answers that you are entitled to under the law. We care deeply that accident victims are aware of their rights and that those rights are being protected. You can reach out to us anytime at (516) 908-9792.