The recent death of a 25-year-old rabbinical student who was hit and killed by a New York sanitation truck in Brooklyn underscores a unique danger facing pedestrians. Garbage trucks are a frequent presence within the five boroughs of New York City. And they are frequently involved in traffic accidents.
In this tragedy, video surveillance shows the victim entered a crosswalk between Carroll Street and Kingston Avenue when he was struck by the garbage truck. Witnesses indicated the pedestrian had the right of way. It’s unclear at this time if any charges will be filed.
Legal Options When the Victim of an Accident Has Been Seriously or Fatally Injured by a Sanitation Truck
It’s important to understand options that may be available to victims or families of a loved one when an accident involves a garbage truck. This depends on what entity owns the truck. If it was a private waste management company, a civil claim potentially could be filed against the owner. But if it belonged to the Department of Sanitation in New York City, then the case would be handled differently.
Government cases require that a notice of claim be filed. Unlike personal injury cases that have a three-year statute of limitations, when a claim is filed against a government agency, the time period is much shorter. The notice of claim must be filed within 90 days of the date of the accident.
There are many other elements of a government claim that are different than a personal injury claim. Differences include the manner in which it’s served and the information that must be contained within it.
Because pedestrian and cyclist fatalities are increasing in New York City, those affected by one of these tragedies will want to begin work on their claims as soon as possible to forestall any delay in disbursement of monies for damages.
Because of the complex issues involved in a claim against the government, it’s a good idea to seek legal advice. An attorney at Gacovino, Lake & Associates can advise of one’s right to pursue a lawsuit.
Considering the small window of time available to file a notice of claim against the city of New York, it is best if you schedule a consultation for your unique situation as soon as possible: 800-550-0000.
