Elderly Pedestrian Killed in Brooklyn Garbage Truck Crash: Investigation Reveals Driver Fled Scene

The tragic death of an elderly pedestrian in Brooklyn, struck by a garbage truck whose driver initially fled the scene, highlights the dangers faced by pedestrians in our city. This incident, where an 83-year-old woman lost her life, is a stark reminder of the need for increased vigilance and accountability on our roads. Sadly, pedestrian fatalities are on the rise, with a recent report indicating a 26% increase in pedestrian deaths in a single year [1]. This blog post will delve into the legal aspects of this tragedy, explore the responsibilities of drivers, and discuss the rights of pedestrians and their families in such devastating circumstances.

The Horrifying Incident: A Closer Look

On a Wednesday morning, an 83-year-old woman, Carolyn Cox, was crossing Bond Street near Butler Street in Brooklyn when she was struck by a garbage truck [1, 5]. According to reports, the truck driver initially stopped to allow Ms. Cox to cross, but then grew impatient and moved forward, crushing her between the truck and parked cars [1]. The driver then fled the scene, only stopping a few blocks away [1]. This hit-and-run incident is not an isolated event, as hit-and-run crashes and fatalities are unfortunately increasing [21]. The driver has not been charged, but an investigation is ongoing [1]. This incident underscores the vulnerability of pedestrians, especially the elderly, and the critical need for drivers to exercise extreme caution.

Legal Implications: Negligence and Liability

In pedestrian accidents, the concept of negligence is central to determining liability. Negligence, in legal terms, is the failure to exercise the care that a reasonable person would under similar circumstances [4]. In the context of a pedestrian accident, this means that drivers have a duty to operate their vehicles safely and to take reasonable steps to avoid collisions with pedestrians [2, 4]. This duty is even higher for commercial vehicles like garbage trucks, given their size and potential for harm [9].

Several factors can contribute to a finding of negligence on the part of a driver:

Violation of Traffic Laws: Failing to yield the right of way to a pedestrian in a crosswalk, running a red light, or speeding are all examples of traffic violations that can establish negligence [3, 4, 34]. In this case, the garbage truck driver failed to yield to the pedestrian and then fled the scene [1].
Distracted Driving: Engaging in activities that take a driver’s attention away from the road, such as texting, talking on the phone, or eating, can lead to negligence [3].
Impaired Driving: Driving under the influence of alcohol or drugs is a clear example of negligence and recklessness [4, 6].
Failure to Maintain Vehicle: Neglecting to properly maintain a vehicle, such as failing to check brakes or mirrors, can also contribute to negligence [9].

In cases where a driver’s negligence causes a pedestrian’s death, the driver can be held liable for wrongful death [8, 16, 17]. A wrongful death claim is a civil action brought by the family of the deceased to recover damages for their loss [8, 15].

Pedestrian Rights and Responsibilities

While drivers have a higher duty of care, pedestrians also have a responsibility to exercise reasonable care for their own safety [3]. This includes:

Using Crosswalks: Pedestrians should use designated crosswalks whenever possible [2, 3].
Following Traffic Signals: Pedestrians should obey traffic signals and pedestrian signals [6].
Avoiding Distractions: Pedestrians should avoid distractions like texting or using headphones while walking [6].
Being Aware of Surroundings: Pedestrians should be aware of their surroundings and watch for oncoming traffic [2].

However, it’s important to note that even if a pedestrian is partially at fault, they may still be able to recover damages in New York, which follows a comparative negligence standard [6]. This means that a pedestrian’s compensation may be reduced by their percentage of fault, but they are not barred from recovery unless they are 100% at fault [6].

The Aftermath: What to Do After a Pedestrian Accident

If you or a loved one is involved in a pedestrian accident, here are some crucial steps to take:

Ensure Safety: Move to a safe location away from traffic [13, 14].
Call for Help: Contact 911 to report the accident and request medical assistance [13, 31].
Gather Information: Collect contact information from the driver, witnesses, and take photos of the scene [13, 26, 37].
Seek Medical Attention: Even if injuries seem minor, seek medical attention immediately [13, 14, 31, 40].
Contact an Attorney: Consult with a personal injury attorney experienced in pedestrian accidents [13, 25, 26, 32, 33, 36, 38, 42].

Wrongful Death Claims: Seeking Justice for Lost Loved Ones

In cases where a pedestrian is fatally injured, their family members may file a wrongful death claim [8, 15, 16, 17]. This type of claim seeks to compensate the family for their losses, which may include:

Funeral and burial expenses [8]
Medical expenses [8]
Loss of income [8]
Loss of companionship and support [17]
Pain and suffering [4, 17]

It’s important to note that there are time limits for filing a wrongful death claim, known as the statute of limitations [23]. In New York, the statute of limitations for wrongful death is generally two years from the date of death [23].

The Role of a Personal Injury Attorney

Navigating the legal complexities of a pedestrian accident or wrongful death claim can be challenging. An experienced personal injury attorney can:

Investigate the accident [18, 23, 36]
Gather evidence [11, 26]
Determine liability [11, 18, 34]
Negotiate with insurance companies [4]
File a lawsuit if necessary [18, 23]
Represent you in court [18, 23]

Conclusion

The death of the elderly pedestrian in Brooklyn is a tragedy that should not be forgotten. It serves as a reminder of the importance of road safety, driver responsibility, and pedestrian awareness. If you or a loved one has been affected by a pedestrian accident, it’s crucial to understand your legal rights and seek the guidance of an experienced attorney. By holding negligent parties accountable, we can work towards creating safer streets for everyone.

If you or a loved one has been injured in a pedestrian accident, please contact our firm today for a free consultation. We are here to help you navigate the legal process and fight for the compensation you deserve.