Personal Injury Law

New York Dump Truck Accident Injures Driver

According to a NY Times report, a dump truck hit a pedestrian footbridge injuring the driver. The incident occurred after the driver triggered the truck?s hydraulic switch that raises the back of the truck. The bridge, which is maintained by state authorities, collapsed after the NY Dump Truck Accident.

Hopefully the driver is able to recover from his injuries quickly. At a first glance, it appears that the truck may not have been equipped with proper protective devices to prevent accidental triggers of the hydraulic system. A simple glass shield or other least costly protective measure may have done the trick. Moreover, I am also concerned with the extent the bridge contained warnings signs of its height. Was the trucker alerted that the bridge posed a dangerous condition unknown to him considering it was in the late night hours?

Also, whether the bridge was properly built to withstand collisions like this one is a question that needs to be asked. Did the bridge meet transportation safety standards? The article states that the collision occurred around 2:06 in morning. Again, was the driver alerted that the bridge overpass may have been too low for his truck. I am not suggesting the driver deliberately touched the hydraulic mechanism, however, a potential comparative liability might arise with the City for its failure to have warning signs. It is not clear from the report if the driver was able to see the overpass. As such if the truck was negligently manufactured the driver might have a potential NY products liability claim against the manufacturer of truck. Also, a potential claim might arise against the state officials for their failure adequately install warning signs at the overpass to alert truck drivers. If the city is found liable, then they will have to pay for damages incurred by the driver. Such damages may include for hospital stay, loss wages, pain and suffering.

If you or a loved one has been seriously injured or fatally injured in a truck accident, the New York auto accident attorneys at Wingate, Russotti & Shapiro, L.L.P., would like to meet with you. Please call our office at 212-986-7353 to set up an appointment to discuss your case.

Full post as published by New York Injury Talk Blog on August 15, 2008 (boomark / email).