Worker Dies After MTA Bus Hits Boom Lift in Midtown: What Families Need to Know About Preserving Their Rights
A tragic accident on Sunday night in Midtown Manhattan claimed the life of 39-year-old Vladimir Cruz, a construction worker from the South Bronx. Around 9:30 p.m., an M1 MTA bus traveling southbound on 5th Avenue near East 51st Street struck the base of a boom lift Cruz was operating. The collision caused Cruz to fall from the lift, resulting in fatal head and bodily injuries. He was rushed to Bellevue Hospital but sadly did not survive.
The driver remained at the scene, and the NYPD is continuing its investigation. While no arrests have been made, this incident underscores the critical need for swift action in protecting the legal rights of the victim’s family.
Preserving Legal Rights After a Fatal MTA Bus Accident
When a fatal accident involves an MTA vehicle, families face unique legal challenges, including tight deadlines and procedural requirements. It is crucial to act quickly to preserve your rights and begin the legal process.
- Filing a Notice of Claim Within 90 Days
Because the MTA is a government entity, families must file a Notice of Claim within 90 days of the incident to pursue compensation. Missing this deadline could bar the family from recovering damages, even in cases of clear negligence. - Appointing an Estate Representative
In wrongful death cases, the claim must be brought on behalf of the decedent’s estate. If the victim passed away without a will, the process of appointing an estate representative through surrogate court can be time-consuming. Acting promptly is critical to ensure the Notice of Claim is filed on time.
At Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf, we assist families with every step of this process. From filing the Notice of Claim to navigating estate administration, we provide compassionate and experienced guidance to ease the burden during this difficult time.
Key Questions in This Tragic Case
Determining liability in an accident like this requires a thorough investigation of all parties involved:
- Was the boom lift positioned properly?
Construction equipment that extends into roadways must meet strict safety standards. If the lift was improperly placed or lacked warnings, the contractor or company responsible may share liability. - Did the bus driver exercise proper caution?
MTA drivers are trained to navigate New York City streets safely, especially in areas with active construction. The investigation will need to determine whether the driver was speeding, distracted, or failed to see the protruding lift. - Were safety protocols for the worker adequate?
Employers must provide proper safety equipment and training for workers at elevated heights. If these protocols were lacking, the employer may also be held accountable.
Our Commitment to the Family of Vladimir Cruz
This devastating accident has left the family of Vladimir Cruz with unimaginable grief. While no legal action can undo their loss, holding the responsible parties accountable can provide financial relief and a sense of justice.
Our firm has more than 100 years of experience representing families in wrongful death cases, including those involving government entities like the MTA. We are here to ensure that all deadlines are met, the Notice of Claim is filed on time, and the estate representative is appointed as efficiently as possible.
Contact Us for a Free Consultation
If you have lost a loved one in an accident involving an MTA vehicle, contact us immediately at 212-943-1090. We will work tirelessly to protect your rights, navigate the complexities of the legal process, and secure the compensation your family deserves.