NYC Delivery Worker Fatal Crash With Parked Truck Raises Safety, Liability Questions
The community is mourning the death of a 31-year-old delivery worker who was killed when his moped struck a possibly illegally parked box truck on First Avenue in rush hour traffic.
The truck was loading/unloading food and allegedly blocking the Manhattan bike lane.
Last year, there were too many stories just like the fatal First Avenue car accident, which took place in mid-December. 2021 was the deadliest year for New York City delivery workers since 2014, the New York Department of Transportation (NYDOT) says.
In 2021, there were 13 delivery worker deaths in NYC, 10 of them in car or truck accidents.
The delivery worker in the 1st Ave. crash was taken to New York-Presbyterian Hospital where he died. The truck driver was interviewed by NYPD, but no citations or charges seem to be forthcoming.
As this crash is still under investigation, the legal implications are unclear. In general, however, how, where, and when a vehicle is parked can affect liability for an accident.
First Avenue Crash Hotspot
The Bronx delivery worker died on a stretch of First Avenue that is frequently blocked by food trucks making large deliveries in the left-most lane, according to safe streets advocates. Trucks often block bike lanes or use them as staging areas when making deliveries. Overall, police have issued about 54 "hazardous summonses" at this location.
New York City allows truck drivers to stop there to make "expeditious" or quick deliveries. Otherwise, parking there is illegal. Witnesses say that trucks at this particular spot rarely move expeditiously.
In the area of First Avenue where the crash occurred, loading and unloading are restricted to the hours of 7 a.m. to 1 p.m. The fatal accident happened around 5 p.m.
"This is right at the spot where [a produce truck] is daily illegally parked and unloading into the roadbed," an alleged witness told StreetsBlogNYC.
In response to the fatal truck accident, NYDOT is investigating the incident and researching whether roadway infrastructure changes to improve safety are possible. The city is working on converting more curb space into loading zones, but delivery workers, their families, and supporters say faster, more comprehensive change is necessary to save lives.
Accident Liability And Illegally Parked NYC Vehicles
When trucks block bike lanes, they limit access to safe travel for some of the most vulnerable roadway users - pedestrians and cyclists, as well as people on mopeds, scooters, wheelchairs or other motorized equipment. This has the potential to cause devastating accidents.
In New York, when an illegally parked vehicle is involved in an accident, determining liability can get technical and complicated. An owner or operator is not automatically at fault for a crash just because their vehicle is illegally parked.
NYC has many specific parking rules, regulations, and case histories that can influence liability decisions. In general, the owner or operator of an illegally parked vehicle may be liable if the car or truck:
- Could not be spotted by other travelers in enough time for them to avoid a collision
- Is double parked
Victims of illegally parked truck or car accidents can often claim compensation for crash-related medical expenses, lost income, and other losses. When a loved one dies in a crash, families can often recover money for medical treatment, funeral expenses, and loss of financial contributions, among other things.
Justice For Parked-Vehicle Accident Victims
If you have been injured or lost a loved one in a New York City car accident, contact Giampa Law for a free case consultation. A member of our legal team can explain how the law applies to your situation and your legal options.
Do not accept a lowball settlement offer or make a statement to an insurance adjuster before consulting with an experienced car accident attorney. There is no obligation. Call, email, or chat online with a member of the Giampa Law team right now to schedule your free case evaluation and move your case forward.