According to published reports, 50-year-old livery driver Carlos Asitimbay lost control of his vehicle around 4:30 a.m. on February 6 while traveling westbound on the Long Island Expressway near the Van Wyck Expressway. Sources indicate that less than two hours earlier, a sanitation vehicle may have pushed snow and ice from the shoulder into an active traffic lane, a practice prohibited on highways due to higher travel speeds and increased risk of loss-of-control crashes.
After striking the median and coming to rest perpendicular to traffic, Asitimbay’s vehicle was struck by a tractor-trailer. He was transported to NewYork-Presbyterian Hospital Queens, where he later died from catastrophic injuries.
Legal Issues in Roadway Hazard Cases Involving the City
When a municipal agency creates or exacerbates a dangerous roadway condition, liability may arise if:
- The condition was foreseeable and hazardous
- The agency violated established safety protocols
- The conduct directly contributed to the collision
Expressways demand heightened caution. Moving snow or ice into a live travel lane in freezing conditions may create an unreasonable and dangerous risk to motorists.
Our Queens Car Accident Lawyers are highly experienced in litigating claims against the City of New York and its agencies, including cases involving:
- Negligent snow and ice removal
- Dangerous roadway conditions
- Improper highway maintenance
- Municipal vehicle operations
These matters require immediate evidence preservation, including sanitation logs, GPS route data, and agency records.
The 90-Day Notice of Claim Requirement
Claims against the City are governed by strict procedural deadlines.
Under New York law, a Notice of Claim must be filed within 90 days of the incident. Failure to meet this deadline can result in dismissal of an otherwise valid wrongful death or catastrophic injury claim.
Because municipal defendants are involved, prompt legal action is essential to protect the rights of surviving family members.
Wrongful Death Claims and Damages
In a fatal crash involving potential municipal negligence, surviving family members may be entitled to recover compensation for:
- Funeral and burial expenses
- Loss of financial support
- Loss of services and parental guidance
- Conscious pain and suffering prior to death
Cases involving public entities require strategic handling and deep familiarity with municipal law and procedural defenses.
Experienced Queens Car Accident Lawyers Handling Municipal Liability Cases
Our firm has extensive experience pursuing claims against city agencies for roadway negligence throughout Queens and across New York City. We understand the legal framework governing municipal liability and the urgency imposed by the 90-day filing requirement.
If a roadway hazard caused or contributed to a serious crash, immediate legal consultation is critical.
Contact our Queens car accident lawyers without delay at 212-943-1090 or contact us online. The 90-day Notice of Claim deadline applies. Early action preserves evidence and protects your family’s legal rights.