Nassau

Published on: February 28, 2013

Serious injury results when tailgate opens

by Stephen Bilkis

On April 1, 1987, a New York City Department of Sanitation employee was injured at work. That day, he was working with another employee of the New York City Department of Sanitation who was assigned to drive the truck. The injured employee was loading bags of garbage into the truck when the tailgate of the truck popped open and struck him in the groin area. As a result of the accident the Nassau employee suffered serious and permanent physical injuries. The injured employee alleges that the cause of the accident that day was that the other employee had failed to ensure that the tailgate pins locking the tailgate were free from obstruction and fully engaged.

A safety report that was issued following the incident states, “. . .it was apparent that 1 1/2 [inches] of debris by the left pin, and 1 1/4 [inches] of debris by the right pin. This debris, it appears, held the tailgate away from the body of the truck making it unable for the pins to rise to the proper level. The pins being unable to rise to the proper position enabled the tailgate to force open under pressure of cycling when the truck became loaded.” It was exposed that the pins were not checked that date at the beginning of the driver’s shift or when the vehicle was dumped prior to the truck accident. Failure to clear the debris out of the tailgate was a violation of department regulation teletype #86-3431.

Department regulation # 86-3431 states that the operator of a garbage truck in the city is not to rely on the electronic indicators in the cab area of the truck to determine if the tailgate is properly secured. He must get out and visually check the pins to make sure that they are not blocked by debris. The Suffolk safety inspector found debris in both of the pins and it was this debris that kept the pins from locking and permitted the tailgate to open. The supervisor that date stated that the driver was at fault and that he would be duly disciplined. The driver was not disciplined.

Published on: February 25, 2013

The New York Fire Department responded to the scene,

by Stephen Bilkis

On January 24, 1976 at around eight o’clock in the evening, an abandoned vehicle that was parked on the side of the roadway caught fire. The New York Fire Department responded to the scene, but the fire truck driver parked the truck in front of the vehicle that was on fire. Four other fire fighters began to battle the blaze. The fire captain on scene was holding a lantern and waving it to direct traffic. There were no police officers on the scene. The Nassau captain on scene noticed that a car was coming down the road and picking up speed. He attempted to get the driver’s attention so that he would not hit the four fire fighters who were working on the burning car. The vehicle did not slow up and proceeded to hit all of the firefighter killing one and seriously injuring the others. The injured firefighters filed a lawsuit alleging among other things that the driver was negligent, but that the City was also at fault for the accident because of the following: they failed to remove the abandoned car which caught fire based on the municipality’s responsibility to maintain its roadways in reasonable and safe condition for reasonable and foreseeable use.

The City failed to set up fire lines, the City was responsible for the actions of the fire truck driver when he placed the fire truck in front of the vehicle rather than using it to properly protect the safety of him and the other firefighters. The Suffolk Court left it to the jury to decide if the decisions of the Captain and the fire truck driver were questions of professional judgment or not. If it is determined that the decisions were those of professional judgment, then the City cannot be held liable. The jury was also instructed that under General Municipal Law § 205-a that a firefighter has an “independent statutory cause of action to recover damages for injuries or wrongful death caused ‘directly or indirectly as a result of any neglect. . .in failing to comply with the requirements of any of the statutes, ordinances, rules, orders and requirements of the federal, state, county, village, town, or city governments or of any and all their departments, divisions, and bureaus.'” This law applies to this situation because it is clear that the city failed to comply with several vehicular and traffic laws in failing to remove the abandoned vehicle in a timely manner.

The jury found unanimously that the city was negligent in failing to remove “the abandoned vehicle, failing to establish fire lines, and failing to park the fire truck properly, and that each of these acts of negligence was a proximate cause of the accident. It also determined that the (fire truck driver and the captain) as well as (the vehicle driver) were guilty of negligence which was a proximate cause of the truck accident.'” They also decided that the city was liable on the statutory cause of action.

Published on: February 18, 2013

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

by Stephen Bilkis

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.

Published on: February 5, 2013

A 20-year old teacher applied to the Long Island State Park Commission for a summer job

by Stephen Bilkis

A 20-year old Nassau teacher applied to the Long Island State Park Commission for a summer job. He worked as a laborer for the Commission at a warehouse in Jones Beach. One July day, the teacher was thrown off from a truckowned by the Commission after the axle of the truck broke. For the remainder of July and during the month of August that year, he did not work. For a six-week period, he was paid by the Workmen’s Compensation Board, which paid for his hospital bill and the bill of his doctor. The teacher returned to his regular employment at a high school on Labor Day.

The teacher filed a suit to recover damages for the personal injuries he sustained as a result of the Truck accident. The teacher also asserted negligence claims against the State of New York and the beach authority.

The teacher testified that during the period of slightly less than three weeks that he worked, he had ridden on the running board, in the back of and inside the power vehicles that were used for transportation. On occasion, he had seen three people riding in the cab. He testified further that, because of the size of his two co-workers, there was no room for him in the cab on the day of the accident, because if he had entered the cab the driver would have been unable to shift gears.

Published on: January 31, 2013

Widow is awarded money for husband’s demise

by Stephen Bilkis

The Workmen’s Compensation Board has made an award to the Nassau widow of an employee who suffered a fatal coronary attack, which the Board found was causally related to injuries he sustained in an auto accident during the course of his employment.

According to records in court, the worker was operating his employer’s truck when it was struck by a United States mail truck. The impact caused him to be thrown to the pavement and he was unconscious for several minutes. He was taken to a hospital. The worker continued to do his regular work until his death several days later. According to a Suffolk doctor who was called at the worker’s residence, the worker was acutely ill and was suffering from severe chest pains. After the doctor administered morphine to the worker, he was rushed to the hospital where he died few hours after. The death certificate shows the cause of death to be coronary occlusion and coronary thrombosis.

At the hearing, two doctors presented conflicting testimony regarding the cause of the worker’s death. One doctor, testifying for the employer, said the worker’s heart and other contents of his chest cavity were shaken up by the truck accident but that the condition of the heart, arteries and thrombus was formed more than two weeks before the fatal attack. The doctor who testified for the widow said the force of the blow sustained by the worker when he was thrown from his truck may have produced heart injury.

Published on: January 24, 2013

The complaint is premised on the electric company’s liability

by Stephen Bilkis

The records of the case relate that a Nassau landscape gardener who owned a tractor trailer ring was electrocuted when loading boom on the tractor trailer, which he was driving, stuck high tension wires owned by an electric company and located on the property of a certain resident. The administrator of the estate of the landscape gardener sued the electric company and the landowner for personal injuries and wrongful death.

The complaint is premised on the Suffolk electric company’s liability upon faulty maintenance and safety control of the high tension wires. The parties have stipulated that the wires were maintained by the electric company and that the conduct of the tractor trailer truck was not for the electric company’s use or benefit. The electric company was not a lessee or borrower of the tractor trailer. Significantly, it was agreed that the power for the tractor trailer came from that unit itself, and it was not connected to the electric company’s equipment for any power source.

Both contenders rely on the policy language, which provides that the insured includes the named insured, any partner or executive officer of the named insured, any other person while using an Owned automobile or a Hired automobile with the permission of the Named insured, and any other person or organization but only with respect to his or its liability because of acts or omissions of an insured.

Published on: January 17, 2013

Nissan driver loses control of car

by Stephen Bilkis

On October 24, 2009 at approximately 4:15 a.m. a Nissan was north bound on the Seaford Oyster Bay Expressway when the driver, the son of the owner, saw a license plate in the roadway and attempted to avoid hitting it. The Nissan swerved, lost control and then struck a concrete divider wall. The operator of the vehicle stated that following the one car accident, he collected the license plate and called a tow truck to come remove his vehicle.

Following the accident, the Suffolk operator of the Nissan discovered that the license plate had come from a vehicle that had been involved in an accident on the opposite side of the expressway six days earlier. He filed a lawsuit claiming that the tow truck company that had removed the driver’s vehicle from the first accident had not removed the debris from the roadway properly according to Traffic Law § 1219 (c ).

Vehicle and Traffic Law § 1219 (c ) states that “[a]ny person removing a wrecked or damaged vehicle from a highway shall remove any glass or other injurious substance dropped upon the highway from such vehicle”. Several precedent cases were discussed with varying degrees of applications to the accident in question. Ultimately the question at hand deals with the liability of the tow truck driver or the owner of the vehicle from the previous accident to be responsible for any debris that was left in the roadway that could and did cause an additional accident.

Published on: December 14, 2012

This case is fairly straightforward

by Stephen Bilkis

This case is fairly straightforward. It involves a truck accident which happened in the afternoon of October 1958. A panel truck was parked at the curb between an X-ray mobile truck parked in front of it and an unoccupied car parked behind it.

As the Nassau driver of the panel truck maneuvered to drive away from the curb, he first backed the truck for a distance of several feet. The right rear bumper of the truck accidentally caught onto the left front bumper of the car behind it so that as the driver drove the truck forward, the car was pulled along and propelled into the rear of the X-ray mobile truck in which the complainant was waiting to be X-rayed.

The Suffolk complainant requests the court for a summary judgment against the owners of the truck and its driver (who however died before the summons and complaint could be served to him). They also request for immediate assessment of damages by a jury. The owners of the truck, the defendants, moves that the plaintiffs be prevented from presenting a bill of particulars to the jury since they failed to provide this before initiating the demand.

Published on: November 24, 2012

On September 30, 2011, a woman submitted a charge against Nassau County

by Stephen Bilkis

On September 30, 2011, a woman submitted a charge against Nassau County for negligence in conducting its sanding/salting operations. She alleged that the operations were done in an unsafe manner, therefore causing the truck accident that injured her.

According to reports, County truck number 3124 was removing snow and salting the streets in Hempstead, New York. The woman said that she was standing between two parked cars in the street when suddenly, the truck threw a “metal projectile” that hit her left hand and forehad. During the hearing, both parties referred to the “metal projectile” as a reinforcement bar.

Because of the injuries she sustained, the woman charged Nassau County with negligence. The County then submitted a motion to the Court for a summary judgment to dismiss the woman’s complaint. To support this, the County brought forth as a witness the Equipment Supervisor and Acting Highway Maintenance Supervisor of the Hempstead Garage. The Supervisor had been an Equipment Operator before and had sanded, salted, and plowed the town roads. He said that although clogs sometimes occur in the opening to the funnel where the salt leaves the vehicle, the clogs are just frozen chunks of salt. He also said that there was never a time when a driver had reported a clog in the funnel from that wasn’t frozen salt. After seeing the piece of metal that hit the woman and injured her, he said that it looked like a reinforcement bar used in construction. However, it did not resemble any of the truck parts and he had no idea where it came from.

Published on: November 8, 2012

A personal injury action was filed stemming from an accident

by Stephen Bilkis

A personal injury action was filed stemming from an accident in Nassau, in which a 30-year old man, during his employ as a groundskeeper with a school district, severed a portion of his left ring finger when the tailgate portion of a dump body installed on a 1996 Ford F-350 dump truck dropped on his finger.

The groundskeeper related that in the spring of 2003, he noticed that the tailgate of truck 23 began to swing back and forth and he could hear it banging as he drove the truck. He said the tailgate was popping off while he was driving, and the bottom part of the tailgate used to come out of the section that was clamped to hold it together. He also testified that, from the spring of 2004 until the day of his truck accident in April 2005, the tailgate fell off the truck on a daily basis and that he complained to school personnel about said situation, but nothing was done to remedy the alleged problem.

One of the third-party defendants wanted the claims of strict products liability dismissed because the facts show that the tailgate at issue was damaged prior to the groundskeeper’s accident and was subsequently profoundly modified and altered as a result of that damage thereby resulting in his injuries. That defendant also said that there was no evidence establishing a manufacturing or design defect in the tailgate.