New York City Personal Injury Law Blog

Father killed when 25 pound rock falls off of dump truck

Posted on Sep 11, 2013 in Truck Accidents

On behalf of Rosenberg, Minc, Falkoff & Wolff, LLP

When we talk about truck accidents in New York City caused by negligent drivers we tend to focus on things like speeding, being under the influence of drugs or alcohol, and distracted driving. And while all of these factors certainly do play roles in truck accidents, it is important to keep in mind that a truck driver is also responsible for making sure their load is properly secured.

For example, a father of two was recently killed in an accident after a 25 pound rock fell off of a dump truck and crashed through the windshield of his car.

In this accident, while the passenger in the man’s car was uninjured, the father who was driving was not as lucky and ended up dying from his injuries after the basketball sized rock fell through his vehicle’s windshield.

According to a sergeant with the state’s highway patrol, the dump truck driver has since been charged with misdemeanor death by vehicle and failure to secure load.

While this accident happened in another state, similar accidents can and do happen in New York. In these cases, whether the person is injured or killed, there may be legal options that can be taken to hold the truck driver accountable for not making sure his load was safe and secure.

It should also be noted that while these types of accidents are unintentional, those who are injured — of the family of those killed — should not feel guilty about filing a lawsuit. Rather, this lawsuit can be looked at as a way of sending the message that this type of negligence will not be tolerated, which could end up preventing similar accidents from happening to others in the future.

Source: Avery Journal, “Fatal crash on 221 involving Avery trucking company,” Caroline Harris, Sept. 11, 2013

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