Whenever any kind of business is responsible for injuring someone, it is possible to file a lawsuit to get payment for various expenses that are tied to the accident. This is even true when trucking companies provide important services like garbage collection for a local government. 

A fatal accident on the West Side of Manhattan involved a pedestrian and a sanitation truck. 

Pedestrian is killed by recycling truck early in the morning

The incident began at about 4:45 am on a Friday morning at the intersections of 10th Ave and West 49th Street. Few details were released other than the location and the name of the privately owned trucking business, Classic Recycling. The streets nearby were closed off while the initial investigation took place.

The driver stayed at the scene after the crash to answer questions from law enforcement. Police declined to file any criminal charges against the truck driver after the interview.   

After rescue crews arrived they confirmed that the victim was dead at the scene. Multiple pedestrians have been injured or killed by sanitation trucks in this part of the city, and similar incidents have become a serious local problem. 

Is it possible to sue a truck that was collecting garbage for the city?  

In some areas, garbage collection is a municipal or county government function, however in this situation a private recycling company was responsible for the truck accident. This means that a civil negligence lawsuit can be filed against this company like any other business that causes harm to members of the public. Even if the trucking company was contracted to do the work by the local government, they are still ultimately responsible for the actions of their employees while they are working. 

In fatal accidents such as this, the victim’s family members can stand in their place and file a wrongful death case on their behalf.  Your attorney can explain New York’s wrongful death laws. 

How is the police investigation relevant? 

In this incident, the police declined to file any kind of charges against the driver responsible. However, keep in mind the civil and criminal court systems are separate and a civil personal injury lawsuit is about determining fault, causation, and damages to provide compensation for the victim, rather than trying to punish the person responsible. Therefore, the lack of traffic citations or criminal charges does not prevent a victim from retaining their own lawyer and filing a civil case against the company responsible. 

Any accident reports generated by the police may still be relevant for the lawsuit and provide crucial information. These documents will be shared between the attorneys for both the plaintiff and the defendant, and they may help both sides determine who was ultimately at fault for the accident. If it appears that the defendant will be at fault after both sides receive the accident reports and other crucial evidence, they may decide to come to a settlement agreement rather than invest resources on a trial. 

Get help from a local truck accident lawyer in the Manhattan area

To find out more about how to file a lawsuit and receive compensation from a trucking business that caused injuries or property damage, contact Jeremy Schiowitz. He represents clients throughout Long Island, Manhattan, and the New York City area.