When truck accidents result in fatal injuries, the surviving family members can look to the wrongful death statute to determine how they will be compensated.
A deadly accident in the Long Island City section of Queens happened went a young bicyclist collided with a dump truck.
Teen on bicycle is killed by truck driver
Both the truck driver and the bicycle were going eastbound on Borden Ave on a Saturday afternoon. At some point, the truck tried make a right turn onto 11th Street and the bicycle ended up colliding with the rear section of the vehicle.
A witness nearby stated that he saw the back tires of the truck hit the 14 year old cyclist as the vehicle was making the turn. The same witness said the driver did not realize what happened at first, them became hysterical after seeing the aftermath of the crash. The victim died at the scene.
The driver stayed in the area and cooperated with police when they arrived. He was not arrested and no charges were filed. Records show that 22 people on bicycles have already been killed in New York City this year.
When someone is killed by a truck driver who is working, the surviving family members have a number of options to try to receive compensation after the accident. In the story above no criminal charges were filed, but the same process applies to civil lawsuits whether there are related criminal charges or not.
Compensation after an accident
Civil lawsuits can compensate the family for various kinds of expenses, lost wages, and other problems tied to the same incident. In a situation involving a teenage victim like this incident, the victim’s future lost wages can be substantial, as they can be calculated for several decades until the victim would have reached retirement age.
Accidents that result in death
Because the victim is no longer around to file their own case in a fatal accident, New York has a wrongful death statute like every other state that sets out rules for lawsuits after someone is killed. The specific elements of the action state that the wrongful conduct of any defendant that resulted in a death must be actionable as if the person was alive, and there must be surviving family members available who can prove financial losses.
New York only allows the representative of the deceased person’s estate to actually bring the lawsuit, which is different from many other states where a surviving spouse, children, or parents usually bring the case. The estate’s representative will essentially hold any money paid out in a trust for the family members.
Damages can be based on things like lost services provided and wages the person could have earned if alive and their burial and medical expenses. However, unlike many other states New York also allows interest to be added to these amounts, along with some other complexities based on the age of the victim. Because of these additional rules, it is best to ask an attorney how these laws may apply to your specific situation.
Get help from an expert attorney near you
You can contact an experienced truck accident lawyer after an incident in New York City. Jeremy Schiowitz and his partners have won millions of dollars worth of damage awards for their local clients.