Big Rig Accident

In fall of 1989, an employee of the water department of the Town of Hempstead borrowed a city pick-up truck to drive it home. He had been allowed on several prior occasions to borrow the city truck to get home. He believed that it was OK for him to borrow it on this date to get home. On his way home, he was involved in an auto accident that resulted in serious personal injury. Following the truck accident, the injured party filed a lawsuit against the Water Department and the Town of Hempstead.

The Town of Hempstead countered that they do not feel that they should be held liable since the employee was not at work or engaged in any city business at the time of the accident. Further, he had not requested permission to borrow the truck on this date. The other times that he had been permitted to borrow the truck; he had asked for and received permission to do so. This was not the case on the night of this incident. In fact, the Staten Island employee’s job for the city did not require the use of a vehicle at all. The employee even testified that he had received specific instructions prior to the date of the accident not to take a truck home. He advised in testimony on several different occasions that no one had given him permission to use the truck on that night. He advised that he took it anyway because he needed to get home. The evidence that was presented in reference to the employee being told specifically that he could not take the truck home was not argued by either side. However, there were no prior violations by this employee or any other on file prior to the accident of the “no personal use” policy that had been implemented in the fall of 1989.

The Justices, however, ruled that since the employee had been allowed on prior occasions to use the truck, he would have believed that there was an inference of implied permission. Vehicle and Traffic Law § 388 (1) states that an owner of a motor vehicle is liable for the negligence of one who uses or operates the vehicle with the owner’s express or implied permission.

On June 3, 2004 on Jamaica Avenue near the intersection with Route 112 in the Town of Brookhaven, Suffolk County, New York, a man was involved in a three car truck accident that resulted in serious personal injury to a driver of a black Hyundai. The incidents surrounding the accident are that a gas station was under construction on the corner. The construction manager of the gas station operated a white van that was illegally parked in front of the no stopping or parking sign on the side of the roadway. A dump truck also working on the gas station was dropping off a dumpster at that location and was blocking part of the roadway. The driver of the dump truck stated that he put out cones and set his lights to emergency flash to let oncoming traffic know that there was a hazard. The first vehicle in the accident completed a left hand turn onto the roadway and was blocked by the dump truck. She stopped in traffic to wait for the dump truck to move. The second vehicle did not see her stop and struck her vehicle, which knocked her into a third vehicle and ultimately it was knocked in to the vehicle of the victim on the opposite side of the roadway. The victim filed a lawsuit against the construction manager for causing the truck accident. The construction manager alleges that he was not responsible for any vehicle other than his white van and that the dump truck was not his or in any way under his control. He states that liability should be attached to the dump truck company and not to him.

The Nassau Court hearing this matter states that there are serious issues of fact that need to be determined. Whenever such issues of fact exist, it is incumbent upon the Court to ensure that a jury hears the arguments. Any motions for summary judgment must be denied as a matter of course in such circumstances because the Court cannot determine which issues of fact are credible and which ones are not credible. Because material facts of this accident are in dispute or different inferences may reasonably be drawn as the facts of this case, the Supreme Court must deny the motion for summary judgment as requested by the construction manager and his company. Only a trial can resolve issues of fact that are presented.

Issues of law are constantly changing. A person who is not specifically trained in the law cannot begin to know what all of their rights are without the assistance of a professional. Here at Steven Bilkis and Associates, we provide Truck Accident Attorneys, Injury Lawyers, Big Rig Jackknife Injury Attorneys, and 18 Wheeler Crash Injury lawyers. Commercial Truck Accident Lawyers will stand by you and ensure that your rights are protected. Wrongful Death Attorneys can argue your side and make sure that you and your loved ones are considered. We make sure that you are rightfully awarded compensation for your suffering.

Articles Posted in Big Rig Accident

Following the accident, the injured party filed a lawsuit against the Water Department and the Town of Hempstead.

The incidents surrounding the accident are that a gas station was under construction on the corner