39-Year-Old Woman Critically Injured In Dyker Heights, Brooklyn Garbage Truck Accident By The Intersection of 73rd Street and 11th Avenue
BROOKLYN, NEW YORK (October 21, 2021) – A 39-year-old woman was critically injured in a NYC garbage truck accident near the intersection of 73rd Street and 11th Avenue.
New York City police officials are saying that the accident took place around 9:30 a.m. on Tuesday, October 19th. A woman was crossing the road when she was hit by a city owned sanitation truck.
The garbage truck was turning onto 73rd Street from 11th Avenue. Firefighters and paramedics were called to the scene of the collision in order to help the victim.
She was taken to the Maimonides Medical Center in critical condition. The New York City Department of Transportation is currently investigating the Dyker Heights crash.
No citations or arrests were made immediately after the accident. Neighbors are saying that the intersection can be dangerous. Many people speed or drive through the stop sign without stopping.
Liability In Brooklyn Sanitation Truck Crashes
According to one report from the Federal Motor Carrier Safety Administration (FMCSA), there are nearly 2,500 garbage truck accidents in any given year. This normally leads to nearly 100 fatalities and thousands more serious injuries. Pedestrians, in particular, are especially vulnerable to garbage trucks for several reasons. A fully loaded garbage truck can weigh as much as 50,000 lbs – making even low impact collisions potentially lethal. Garbage trucks also have large blind spots that can obscure the presence of pedestrians during turns. Other factors that could contribute to garbage truck accidents:
- Driver distraction
- Inclement weather
- Driver fatigue
On balance, city owned garbage trucks in New York City have a much better safety record than their privately owned counterparts. But accidents can happen in any context. Unlike the drivers of passenger vehicles, garbage truck operators must get a commercial driver’s license (CDL) and undergo extensive training. They are therefore held to a much higher standard in terms of safety. Serious traffic infractions could put a person’s ability to maintain a CDL in jeopardy.
Drivers must exercise due care to avoid hitting pedestrians. According to New York Vehicle & Traffic Law § 1146(a), drivers must take care to avoid hitting bicyclists, pedestrians and domestic animals in the roadway. Pursuant 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.” When a driver hits a pedestrian they can be held liable through a civil claim.
Depending on the specific facts of any case, liability for a garbage truck accident may extend beyond any driver. For example, a city could be liable for a garbage truck accident if their employee acted negligently. Generally speaking, municipal entities are vicariously liable for the negligent conduct of their employees – insofar as the negligent conduct was generally foreseeable and a natural consequence of a worker’s employment. There are, however, very strict statute of limitations associated with claims against municipal entities in New York. There is a 90-day statute of limitations to file a notice of claim. There are many steps that should be taken after any garbage truck accident.
- Eye witnesses should be interviewed.
- Surveillance footage of the accident site should be sought.
- All drivers should be interviewed.
- An experienced New York truck accident attorney should be consulted.
Any person that is injured in a Brooklyn garbage truck accident 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. Many victims may not realize the full extent of their injuries until several months or years after a collision. Sadly, though, cities will often fight hard to deny liability for accidents involving their vehicles. A garbage truck accident attorney can examine all of the unique facts of your case and let you know what your legal options are.
Investigating A Brooklyn Trash Truck Collision
We at Gersowitz Libo & Korek, P.C. extend our best wishes to the woman injured in this Dyker Heights, Brooklyn garbage truck accident. Any person that may have information about what happened should reach out to the NYPD. There needs to be some accountability for the sake of the victim.
This incident also raises a number of safety concerns. Was the driver of this garbage truck properly trained? Is there a history of collisions at this intersection? Could this accident have been prevented? It is our sincere hope that city officials will conduct a study of this intersection and consider measures that could make it safer for all pedestrians.