Understanding the Incident
According to reports, the victim had pulled over on the westbound side of the Long Island Expressway near the entrance to the Clearview Expressway in Bayside around 5 a.m. While working under the hood of his car, a passing flatbed truck clipped the rear of the stalled vehicle, propelling it into its owner and resulting in his tragic death. The 60-year-old truck driver remained at the scene, and no charges were immediately filed.
Legal Considerations
In accidents involving stationary vehicles on highways, several legal factors come into play:
- Duty of Care: All drivers have a legal obligation to operate their vehicles safely, maintaining awareness of their surroundings to prevent accidents.
- Liability: Determining fault in such incidents can be complex. Factors include the actions of the disabled vehicle’s owner, the behavior of the passing driver, and whether all parties adhered to traffic laws and safety protocols.
- Negligence: If a driver fails to exercise reasonable care, resulting in harm to another, they may be deemed negligent and held liable for damages.
Safety Recommendations
To mitigate the risks associated with roadside emergencies, consider the following precautions:
- Safe Pull-Off: If your vehicle becomes disabled, pull off the road as far as possible onto the shoulder to distance yourself from moving traffic.
- Visibility: Activate hazard lights immediately to alert other drivers. If safe to do so, set up reflective triangles or flares behind your vehicle.
- Stay Inside: Unless it’s unsafe, remain inside your vehicle with seatbelts fastened while awaiting assistance. Exiting the vehicle increases the risk of being struck by passing traffic.
- Professional Assistance: Contact roadside assistance or emergency services rather than attempting repairs on a busy highway.
Legal Recourse for Victims of Roadside Accidents
Victims of roadside accidents, or their families, may be entitled to compensation for:
- Medical Expenses: Costs incurred from injuries sustained in the accident.
- Lost Wages: Income lost due to inability to work following the incident.
- Pain and Suffering: Compensation for physical pain and emotional distress.
- Wrongful Death: In fatal cases, families may pursue claims for loss of companionship and funeral expenses.
If you or a family member have been injured or killed in a truck accident in Long Island or elsewhere in New York State, give us a call at 212-943-1090 to discuss your case with a top trial attorney at our firm. The consultation is free.