Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf is a New York Plaintiff's personal injury law firm specializing in automobile accidents, construction accidents, medical malpractice, products liability, police misconduct and all types of New York personal injury litigation.

Articles Tagged with garbage truck accident

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private garbage truck involved in New york fatal bicycle accidentNew York City’s decision to overhaul its private garbage truck industry is a critical step toward addressing a longstanding public safety crisis. As lawyers specializing in garbage truck accidents, we have witnessed firsthand the devastating impact of the chaotic and dangerous practices endemic to this sector. The city’s plan, finally set to unfold after years of delays, promises significant changes that could not only enhance safety but also transform the legal landscape for those affected by these accidents.

The reform, proposed back in 2016 and passed in 2019, is a response to a series of alarming statistics and incidents involving private garbage hauling companies

These firms, tasked with collecting commercial waste, have operated under a system that prioritizes efficiency over safety, resulting in a patchwork of overlapping routes that span multiple boroughs. This inefficient management has not only led to horrendous working conditions for haulers, often working shifts longer than 12 hours, but also posed a significant threat to public safety. A city report from 2021 highlighted a grim reality: over a decade, commercial garbage trucks were involved in accidents that led to at least 43 deaths and 107 injuries.

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accident-scene-1Following the recent tragic incident in Brooklyn, where a speeding Mercedes-Benz collided with a garbage truck, resulting in the untimely death of the car’s driver, it is crucial to explore the legal and safety aspects surrounding such accidents, especially those involving private carting companies.

At around 12:30 a.m. in Gerritsen Beach, a 54-year-old driver for Cogent Waste Solutions was executing a U-turn when the collision occurred. The Mercedes driver, 42-year-old Patrick Donovan, did not survive the impact. This incident exposes the dangers posed by private garbage haulers in New York City. Historically, these companies have been scrutinized for their operational methods.

As garbage truck accident lawyers in New York City, it is important to highlight the legal complexities in such cases. While the garbage truck driver did not face immediate charges, and Cogent Waste Solutions has expressed cooperation with the ongoing investigation, the key questions revolve around the operational practices of private carting companies and the responsibility they bear in ensuring public safety.

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garbage truck accident Brooklyn TwitA 62 year old man was killed in a garbage truck accident in Brooklyn, NYC, on Friday afternoon. The accident occurred around 3:30 pm in front of the Atlantic Terminal Mall near the Barclay Center.  The pedestrian was crossing Flatbush Avenue at the intersection of Atlantic Avenue when he was struck by a commercial garbage truck belonging to the private hauler Safeway Services Corp. The 37 year old driver remained at the scene of the accident.

The pedestrian was struck a few feet away from the faded crosswalk and pictures from the accident scene on social media may indicate that the pedestrian was using a walker. It is not clear if the garbage was driving through the intersection and was on Flatbush Avenue with the light in his favor or if he made a right turn from Atlantic Avenue onto Flatbush and both pedestrians and turning traffic had the green light when the accident occurred.  In that case the truck driver should have yielded to the pedestrian. It is not clear either if the garbage truck was equipped with guardrails.  The law requires that all garbage trucks above 10,000 pounds be equipped with guardrails by 2024.

The intersection remains dangerous despite structural improvements in 2018

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accident sceneA cyclist was fatally struck by a car  in the Bronx, NYC, last Friday night. The accident occurred around 11:22 pm  on Southern Boulevard, near the ramp of the Bronx River Parkway, in the Bronx Park. According to the police, the driver who was speeding was attempting to pass the cyclist but there was not enough space to do so and he struck the back wheel of the cyclist. The victim whose name was not released by the police, flew onto the windshield of the car, a 2019 Mercedes Benz Sedan, and then landed on the street. He died at the scene of the accident from severe body and head trauma.  The driver of the Mercedes abandoned his car on the side of the Boulevard and ran away on foot. The police are still looking for him. (read more in the Gothamist)

Less than 24 hours later, also in the Bronx, a man riding a e-scooter died after being struck by an Amazon Prime delivery van. The accident occurred in front of 1230 E. Tremont Avenue,  a little bit before 7:30 pm. Both the van and the e-scooter were travelling in the same direction when the van struck the scooter. The victim who was not identified, died at the scene of the accident. The driver of the van stayed at the scene of the accident and was not charged by the police. (Read more in the NY Post). 

In Brooklyn, a couple who was heading to work on a moped, were struck by a dump truck on Rogers Avenue near Bergen Street in Crown Heights. 36 year old Jose Garcia Cruz was taking his girlfriend, 25 year old Kristina Walker, to work when the accident occurred. The circumstances of the accidents are not exactly clear. CBS News indicates that the truck rear ended the moped while the police told the NY Daily News that the driver lost control of the moped when he tried to pass the dump truck. In NYC, the police have a habit of protecting the motorists and blaming the victims. (read more in the NY Daily News)

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Third-avenueTo reduce pedestrian and cyclist fatalities caused by cars and trucks on two of the busiest and most dangerous avenues in Brooklyn, the NYC DOT announced that the maximum speed limit was lowered from 30 mph to 25 mph. New signs are up and speed cameras have been re-calibrated on Third Ave and Hamilton Avenue in Brooklyn. The DOT decided to take action after 6 people including 3 cyclists and 3 pedestrians died in traffic accidents on Third Avenue last year. Two of them were killed in the same week in December.

The area around Third avenue and Hamilton Avenue has been changing a lot in the past years with more and more residential properties being developed. However there are still a lot of trucks coming in and out of the Gowanus, making the area particularly dangerous.

Half of the 2019 fatalities involved trucks

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private-sanitation-truck-accidentA pedestrian was killed by a hit and run NYC private sanitation truck Thursday morning around 4:00. The accident took place on 86th Street and Bay Parkway in Bensonhurst, Brooklyn. According to the NY Daily News, 67 year old Deborah Mutell was found by the police lying in the street with her body split in two. She was pronounced dead at the scene of the accident. Investigators believe that after she was hit by the truck, she fell under the wheel and was dragged several feet until her body fell in pieces from the undercarriage of the truck. Investigators are still searching for the truck. Last week another sanitation truck killed a young boy and critically injured his mom.

A new and upcoming Citywide commercial waste zone system is expected to result in creating a safer environment for workers and the public alike

Sanitation trucks, especially those belonging to private companies are often very dangerous to pedestrians. Private carting companies have a bad reputation. They often operate with a blatant disrespect for the safety of their workers and of the public as well. Currently, around 90 private sanitation companies service customers all around the city. As a consequence, more than 50 individual carting companies may service a single neighborhood every day. This system not only put workers and pedestrians in danger but also pollutes the environment. It will be replace next year  by a new system.  A  Commercial Waste Zone Bill was passed a few months ago and is expected to improve work conditions, reduce pedestrian accidents and decrease pollution.

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accident sceneA 10 year old boy and a 68 year old woman died in two separate truck accidents in New York City last week. Both accidents occurred on the same day.

10 year old boy killed by NYC Sanitation truck

The first accident occurred in Queens last Tuesday around 7:00 am.  10 year old Shreejan Panthee was on his way to school with his mother Mina. Both of them were crossing the 57th Avenue crosswalk near 97th Street in Corona, Queens, when a NYC Sanitation truck made a right turn onto 57th Street from a nearby driveway and struck them. The boy was run over by the rear wheels and the mother was knocked down on the ground.  Both the mother and the child were rushed to the hospital. Shreejan died a few hours later. Her mother Mina was critically injured but survived. A man who witnessed the accident told the media that he screamed at the truck driver: “Slow down, you are going to hit them!”. Mina, her husband Purushottam Panthee and their son Shreejan came from Nepal in 2010. The husband works as a chemist in Long Island and the mother works in a beauty salon in the Bronx. Shreejan was a smart boy who won spelling bee prizes and enjoyed swimming. The Queens Nepali Community was in shock. A vigil was organized at night at the location of the accident. The truck driver wasn’t immediately charged by the police however he was placed on “modified duty,” and stripped of driving responsibilities by the NYC Sanitation Department.

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private garbage truck involved in New york fatal bicycle accidentPrivate garbage trucks are among the most dangerous vehicles in New York City. 5 people died and 73 were seriously injured in commercial waste truck accidents in NYC over the last two years (2017 and 2018).

After years of complaints by street safety advocates, the NYC Department of Sanitation finally released a Draft Generic Environmental Impact Statement (DEIS) for its Commercial Waste Zones plan.  This plan is the blueprint to reform the dangerous waste hauling system in New York City.

The actual system allows for 90 different private garbage truck companies to service 100,000 businesses anywhere in the city. As a result, garbage truck drivers and trash collectors are assigned long routes that they have to service each night. Trash collection is one of the most dangerous jobs in America. In New York City a commercial trash worker can pick up to 30 tones of commercial waste during the course of a daily shift that can last for up to 16 hours.  It is also common knowledge that some of them s are exploited and make between $40 and $80 a night while their unionized colleagues can make up to $100,000 a year.

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Negligent garbage truck company out of businessAfter two people were killed by Sanitation Salvage garbage trucks and ProPublica released an in depth look at the company’s dirty business (see previous blog)  the trash hauler came under intense scrutiny.

At the end of last month, Sanitation Salvage sent a letter to the Business Integrity Commission to announce that it had surrendered its license and was going out of business.

After years of exploiting workers and endangering New Yorkers, the company run by the ruthless and heavily politically connected Squitieri Brothers is finally going down. Street safety advocates, labor unions and elected officials are all celebrating the news.

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private garbage truck involved in New york fatal bicycle accident43 people have been killed in private garbage truck accidents in New York City since 2010. Barreling down the streets of New York City  with little to no respect for road regulations and for their surroundings, trash haulers gone rogue have become death threats on wheels for pedestrians and cyclists.  Running red lights, driving in reverse on one-way streets, speeding, drinking behind the wheel, New York commercial garbage truck drivers are involved in three times mores accidents than their peers in Los Angeles, Seattle or San Francisco according to the Federal Motor Carrier Safety Administration.

Drivers are complaining that they are pushed to cut corners by their bosses who are assigning them routes that are too long to finish in the assigned time but New Yorkers have had enough of their dangerous behaviors.  Many have documented their erratic and dangerous behaviors on social media.

One week crack down

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