Horrible road conditions led to the heart-wrenching death of a three-year-old girl in a car accident in the Bronx. Bruckner Boulevard, where the crash occurred, is known for its massive potholes. The road was undergoing repair work and had been freshly milled, leaving a sewer cap raised and exposed. The girl’s father slowed down and tried to avoid it when a garbage truck slammed into the car after trying in vain to brake quickly.
Adding to the tragedy is that the family and grandparents were in the car taking the toddler to her dance recital. Many bystanders worked to get the crash victims out of the car, and the girl was rushed to the hospital, but she passed away an hour afterward.
Road Conditions Extremely Hazardous
As for the condition of the boulevard, a News 12 report said that when roads are graded, they’re often left unpaved for a few weeks to allow time for utility crews to come in and take advantage of the exposed roadway. Video footage from days after the crash showed how drivers on the chewed-up road slow substantially to adjust to the still visible potholes and scratched-up surface.
A woman interviewed called the Bruckner a death trap, feeling the road and elevated platform above needed serious work. She feels threatened by those conditions, as well as the large number of trucks that crowd the thoroughfare.
Criminal Case or Personal Injury Case?
News accounts said no criminality was expected to be found in this case, and the private-company garbage truck driver remained on the scene and cooperated fully. But this case can be used as an example of how different elements can come into play in a crash and how looking at what happens when a company, government agency, or person acts improperly in a way that causes harm to someone else.
First, should the city have allowed a road that hazardous to be used while under repair? Could they have better marked dangerous areas or rerouted traffic temporarily into another lane? Also, did whatever agency or company who did the roadwork do anything that could be considered negligent with their work? Road crews often leave debris or tools in the roadway causing needless accidents and are held responsible in personal injury cases.
When there are cases with commercial drivers, a trucking company can get into trouble if they haven’t properly vetted them. If the employee has a suspended license or a record of drunk driving, the company is blamed in some states for allowing a liability to be on the road. If they don’t complete inspections and repairs and their vehicle then malfunctions and causes an accident, the blame is on them as well.
Insurance Company Involvement
In many cases, insurance companies pay out for the damages and injuries caused by the policyholder. However, personal injury lawyers can usually get them to pay more, and they know other ways to increase compensation if the insurance companies are reticent or the limits are inadequate.
Injury attorneys also know when more than one entity is at fault for an accident and how to draw compensation from multiple parties.
Bronx Auto Accident Lawyers
At Greenstein & Milbauer, LLP, we have a team of experts seasoned in getting the best results in New York City and Westchester traffic accident cases. If you’d like a free case evaluation to find out what we can do for you, call us now at 1-800-VICTIM2 (842-8462) or reach us through the online contact form below.