Private sector garbage truck companies have come under increased scrutiny in recent times as the city looks to minimize the amount of injuries and damage caused by these vehicles.
A bicyclist was seriously injured and required hospitalization after being hit by a garbage truck in the Midtown section of Manhattan.
Bicyclist crushed by garbage truck
The collision happened at the intersections of Fifth Avenue and 47th Street at around 11 pm on a Monday night. The bicyclist was transported to a local hospital with broken bones and other significant issues caused by the impact with the large vehicle. The truck driver stayed to answer questions from police, and an exact cause of the accident was still being determined pending the results of their investigation. The truck was owned by a company called Five Star Carting based out of Flushing, New York.
In an operation started because of accidents like this, the NYPD announced they would be taking measures to prevent further incidents involving sanitation trucks after almost 2000 summonses were issued to their drivers in the previous year. Inspectors will be working overnight in each precinct to watch traffic and enforce laws and regulations. Violations such as going through red lights or backing into oncoming traffic would result in the truck being towed away and taken out of service.
How to proceed against the sanitation company
Because this accident involved a garbage truck during working hours, the business that owns the truck will bear the responsibility of the accident. As a general rule of personal injury law, businesses will be liable for the costs of damages caused by their employees engaged in routine business functions. Many companies also take out special kinds of insurance to prepare for these situations and pay out to victims when necessary. Lawyers put their focus on the business rather than the individual driver, because the business will ultimately have the financial reserves to pay for the damages.
When an attorney files a lawsuit against any individual or business related to a motor vehicle accident, the same type of case is used. A negligence action states that the driver at fault breached their duty of care on the road, which caused injuries or other forms of damage to a victim.
Arguing for damages
This final element of damages in a negligence case is especially important. This allows an attorney to come up with an estimate of healthcare costs, property damage, and other losses related to the accident and list them in the initial pleading that is filed to begin the lawsuit. If the defendant loses at trial or makes a settlement agreement, they will pay a comparable amount to the victim that is sufficient to cover these expenses.
Talk to a local attorney about a truck accident
Jeremy Schiowitz can speak with you after you have been injured by truck driver in Manhattan or other nearby parts of New York City. He can provide expert legal representation and ensure you have the best chance of winning your case.