Truck Accident Back Injury

Published on: May 20, 2014

Truck Accident 19

by Stephen Bilkis

This case is being heard in the First Department of the Supreme Court, the Appellate Division. The defendant and appellant in the case is the City of New York. The plaintiff and respondent in the case is Frank A. Durso. The case is being heard before Carro J.P., Fein, Bloom, Silverman, and Kassal JJ.

Case Background

On the sixth of September, in 1975, Frank Durso was driving his car when he stopped at a red light. As he was stopped he was hit in the rear by a New York City Sanitation Department vehicle. The impact of the truck pushed the Frank’s vehicle 10 to 20 feet into the intersection and caused so much damage that the vehicle was totaled.

Published on: February 13, 2013

A truck was travelling on Lenox Avenue

by Stephen Bilkis

On July 25, 1967, a sixteen year old girl was walking on the sidewalk near 315 Lenox Avenue, , New York City. A truck was travelling on Lenox Avenue, lost control and struck a parked car. It then jumped the curb and drove onto the sidewalk where it hit the girl causing her to be pushed under the porch of a house. This truck accidentcaused her serious injury. Her mother filed a lawsuit against the driver of the truck for loss of her daughter’s services and medical and hospital bills.

The Queens driver of the truck denied all allegations. He denied that it was his truck. He denied that he was driving the truck. He denied that he lived in New York. His allegations of complete noninvolvement were too false as to cause the court to comment on the impropriety of his denials. There is no reason to believe that he is not responsible for the accident.

When the driver of the truck commented on the truck accident, he advised that he was heading east on Lenox Avenue when his truck struck a parked vehicle, went out of control, and jumped the curb. He advised that two girls walking on the sidewalk tried to run up steps of a porch and his truck hit the girls and shoved the girls and the steps under the porch.

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 22, 2013

Police woman is injured in a truck accident

by Stephen Bilkis

A 30-year old woman joined the New York Police Department in 1990, and served continuously until her retirement in 2010. In 2007, the policewoman, while assigned to the NYPD’s peddler unit, was unloading confiscated property from a truckto the NYPD’s property clerk in Queens. While lifting a box of property, the policewoman stepped back on to a shovel, which caused her to fall. The policewoman twisted her right knee and was admitted to the emergency room at a nearby hospital. The NYC hospital staff diagnosed her with a sprained knee. The knee was diagnosed to be permanently disabled, which restricted her desk duty.

The policewoman applied to the Police Pension Fund for Accident Disability Retirement but this was denied by a tie vote. Her counsel asserted that the only explanation for the shovel on the floor of the truck was someone else’s negligence; and that, accordingly, there was no reason for the policewoman to expect or foresee that the shovel would be left in a “dangerous location.”

The court held that in a challenge of a denial of disability payments, the PPF’s determination will be sustained unless it is “arbitrary, capricious, an abuse of discretion or contrary to law.” The court said it cannot “weigh the evidence, choose between conflicting proof, or substitute its assessment of the evidence or witness credibility for that of the administrative factfinder.”

Published on: December 17, 2012

A taxi cab and a truck were both travelling on Second Avenue

by Stephen Bilkis

On April 20, 1972 a taxi cab and a truck were both travelling on Second Avenue near 70th Street. The two vehicles collided and the taxi was pushed up onto the sidewalk where it hit a woman. The woman was severely injured and her leg had to be amputated. The jury in the initial trial awarded the woman $800,000 from the taxi company. No compensation was demanded of the truck company whose truck was at fault for the accident in question.

The Court stated that:

‘Whatever version of the accident is accepted in whole or in part, or in combination, the conclusion is inescapable that the truck driver failed to maintain that degree of control over his vehicle and that degree of alertness to conditions of traffic surrounding him, which it was his legal obligation to maintain under the conditions prevailing at the time and place of the accident.’

Published on: November 17, 2012

One afternoon, a 35-year old woman met a car accident

by Stephen Bilkis

One afternoon, a 35-year old Brooklyn woman met a car accident. Her vehicle was struck in the rear by a truck. The truckwas not immediately identified because it hurriedly left the scene of the accident. According to sources, the woman suffered personal injuries as a result of that accident. To recover damages for the car and her injuries, the woman filed an action against the insurance company who provided insurance to her vehicle. Under the insurance policy, the insurance company agreed to pay for some injuries caused by an truck accident arising out of the ownership, maintenance or use of a Supplementary Uninsured Automobile.

According to the police report, the Bronx truck that hit the woman’s car had a New York license plate. A DMV printout indicated the truck that hit the woman’s car was insured. The insurer of the truck, however, denied any liability and contended that the driver of the truck was not involved in the accident.

Arbitration on the case began. The insurer of the woman’s vehicle, however, sought to have arbitration permanently stayed alleging that the opposing side has failed to furnish sufficient evidence to support their allegation that the offending vehicle was uninsured at the date of the accident. The insurance company also alleged that it is not liable for the injuries suffered by the woman and the damages sustained by the car because the accident did not arise out of the ownership, maintenance or use of the car. The insurance company maintained that it does not have an obligation to pay under the insurance because the truck caused the accident and its resulting injuries and damages.

Published on: April 26, 2012

Truck Overturns and Kills Two

by Stephen Bilkis

Two people died after a truck overturned in the town of Stellenbosch. Four other passengers are in critical condition and were taken to the nearby hospital. The extent of their injuries is currently unknown. The driver of the truck, who was also taken to the hospital, has deep cuts on his face and body. Medical personnel responded quickly after the truck accidentwas reported. It is unclear how the accident occurred and if the truck driver is at fault. Local law enforcement will have to investigate further to learn more about the cause of this tragedy.

When medical personnel, including two medical doctors, EMS helicopter and a rescue vehicle arrived, they quickly assessed that two of the passengers were dead on the scene. The other four passengers had various injuries which required immediate medical attention. Injuries included severe head trauma and leg and arm fractures. The accident happened around 3pm on Adam Tas Road. A spokesperson for Emergency Medical Services (EMS) stated that those who survived the accident are receiving medical attention.

Luckily, medical personnel were able to reach the scene of the accident quickly to transport the injured people to the local hospital. Those with head trauma will have to be monitored to determine if permanent damage has been done. Those with fractures probably need to rest until their injuries heal completely. Physical therapy may also be needed depending on the severity of their injuries. The cuts on the driver may also take time to heal. He will have to be monitored so he does not develop an infection from the wounds.

Published on: April 14, 2012

Truck Accident Could Bring Legal Troubles

by Stephen Bilkis

A routine morning trip to school turned into a tragedy on Tuesday morning outside of Louisville, when a dump-truck driver collided with the back of a school bus on its morning route. Thirteen students from the Jefferson County Public School System, along with the driver of their bus, were injured and transported to local area hospitals for treatment, reported a source who is connected to the case. The bus was traveling north on Interstate 65, and the truck accident occurred in the vicinity of the Watterson Expressway.

Kosair Children’s Hospital received the injured children, all of whom were from 6 to 9 years old. Doctors at the hospital said that the students were suffering from minor back pain and mild neck injuries. While many of the students were taken directly to the hospital, others were taken on to school. Of the group that actually arrived at the school, many subsequently reported head and neck pain and were taken to the hospital as well. The Lawyer reporting on the case mentioned that these injuries are characteristic of a highway speed collision, and alluded to the fact that these types of truck accidents can frequently be more deadly.

Additional information about the accident was not available at the time of this article’s publication, pending the completion of the investigation. Police have not indicated whether the driver of the dump truck will be charged with a crime, although a witness said it was likely in a case like this that criminal charges could be filed. These accidents are uncommon in Staten Island and New York City.

Published on: June 15, 2011

Man Lying in Street Run Over by Fire Truck

by Stephen Bilkis

Police in Winnipeg continue to investigate an early morning incident that occurred on April 3, a New York Truck Accident Lawyer has found. The incident occurred at approximately 4:20 a.m. as a fire truck from Number 6 fire station responded to a call. As one vehicle pulled off to the side of the city street to allow the fire truck to pass, the fire truck driver noticed something in the road ahead and tried to stop, although unsuccessfully. When firefighters exited the truck to determine what “bump in the road” they had just ran over, they discovered the fire truck had just ran over a man who was lying in the middle of the road.

The 47-year old man was immediately transported to the local hospital where he was pronounced dead a few minutes later as a result of his injuries. Although the investigation is ongoing, authorities have told a NYC Truck Accident Lawyer they are still unsure as to why the man was lying in the middle of the roadway. They are awaiting for the autopsy to be completed and are hoping that will provide the answers they need, as there are many possible causes that he could have been lying in the road, including a medical emergency, intoxication, or could have simply fell as he crossed the street. Authorities still have many unanswered questions. The only thing they do know is that the man was still alive when the fire truck ran over him.

Although one neighbor who happened to be awake early that morning had reported a group of kids that scattered at some point, the primary witnesses to this accident are the firefighters and the driver of the vehicle they had just passed. This lack of available information is further hampering the investigation.