Man Injured in Sunnyside, NY, Bicycle/Truck Accident on 43rd Ave.
Queens, NY -- April 11, 2017, a man riding a bicycle sustained injuries in Sunnyside following an accident where he was hit by a truck on 43rd Avenue.
Investigators from the NYPD reported that the incident occurred at around 7:30 a.m. at the intersection of 43rd Avenue and 39th Street.
Preliminary accident reports indicate that a 27-year-old man was riding a bicycle along 43rd and was in the process of crossing 39th. As he did so, a box truck driver somehow failed to see him in the roadway. As a result, the truck collided into the cyclist, knocking him onto the roadway.
The cyclist sustained serious injuries, for which emergency services transported him to a nearby hospital for treatment.
Police have not reported any citations or charges relating to the accident. They say that the incident is still under investigation.
Map of the Area
Something which may surprise some people to hear is that this accident is actually a lot more complex than they may realize. When people see a truck driver being charged in connection with an accident, they believe the victim is automatically going to win a huge law suit against the trucking company. This actually isn't the case. I can tell you from experience that not only do criminal charges not guarantee success in a civil law suit, but also that any accident involving a commercial vehicle will present challenges.
Criminal charges after an accident can certainly help a victim's case after an accident, but it doesn't automatically constitute negligence. Negligence is something which is decided in a civil court, meaning a trucking company can make whatever excuses they want to shift blame off their driver. They can say the sun was in their eyes, they can blame the victim for not paying attention, they can even blame the road design itself.
Looking at reports of this accident, locals are clamoring for safety upgrades to the intersection which saw a fatal accident about a week prior to this one. Members of the city are saying the intersection is dangerous, so you better believe the trucking company will say so as well. Why is this such an advantage for them? If this particular accident to trial, there will be a jury. Who makes up a jury? Members of the general public. Who is saying the intersection is dangerous? Members of the general public.
Trucking companies always look for these kinds of advantages after an accident to avoid as much liability as possible. They have a lot to lose, so they fight tooth and nail to ensure as little fault as possible is placed on their driver.
This is why it's very important that anyone affected by a commercial vehicle accident never assumes their case is an easy or automatic win. The best approach is for victims to have the accident investigated by a professional independent of police. An experienced industry professional will know any and all crucial factors that must be collected for a successful case. What's more, victims are best served having that information compiled and presented by an experienced attorney who knows how to deal with combative trucking companies. Doing so will allow victims and their families to be as well prepared as possible to overcome the obstacles placed in their way and get the justice they deserve.
--Grossman Law Offices