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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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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garbage truckPrivate garbage truck companies are responsible for too many deadly truck accidents in New York City.  Since 2010 43 New Yorkers died after they were struck by a private dump trunk. Something has to be done to reduce these deadly accidents.

In New York the Business Integrity Commission (BIC) is in charge of overseeing this industry. BIC was created 20 years ago with the main purpose to run background checks to root out potential mob ties. The commission doesn’t have the legal power to impose safety standards for privately owned garbage trucks.

On  Monday, members of the Commission appeared in a hearing about the private trash hauling industry in front of the New York City Council. BIC Chair, Dan Brownel asked the Council to provide BIC with more authority so that the Commission has the legal power to enforce safety protocols.

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Sam Schwartz21 garbage truck accidents occurred in NYC between January 1st 2010 and December 31st 2014 according to data provided by the NYC DOT to Sam Schwartz Engineer for a study on private carting safety. The study is part of a larger analysis on the private carting industry that led to the announcement of the implementation of a new zoned-collection system by Mayor de Blasio’s administration (see Politico). The implementation of this system will significantly reduce the number of miles traveled by private garbage trucks  in New York City. As a result the air quality should improve significantly and garbage truck accidents should decrease.

According to Sam Schwartz private carting safety study, the severity of private garbage truck crashes is much higher than the severity of all NYC crashes with fatal and injury crashes accounting for 86% of all crashes. Pedestrians are involved in 36% of the crashes. Among the pedestrian crashes half of them occurred as the pedestrian was crossing with the signal.  Private garbage truck accidents happen mostly at night as most carting operations occur at night time. The study also include a safety analysis based on private carting company employees interviews. In regards to traffic safety, night time driving, bad weather and intoxicated pedestrians during week-end nights were considered the most challenging. Another traffic safety concern was to prevent injuries to pedestrians while backing up. The visibility being extremely reduced with such trucks, it is important that the helper provide accurate guidance to the truck driver while backing up. Employees were also asked about possible safety measures and proposed additional route supervisors, better fleet maintenance, improved driving techniques and providing specific driving courses, training on location and training on handling hazardous materials, additional safety meetings and stricter hiring criteria.

Hopefully when the new system is implemented, less miles traveled should lead to less people injured in traffic accidents involving garbage trucks.