Marco Gallardo Tirado, 59, was killed in a hit-and-run collision in Brooklyn that involved a box truck the morning of Oct. 18. According to a report in the New York Daily News, the pedestrian accident occurred when Tirado was hit by the truck that was traveling east on DeKalb Avenue as the victim was crossing the street near Wyckoff Avenue. The truck driver did not stop or assist the victim and was last seen heading northeast on DeKalb Avenue, police said. A bloodstain was spotted about 10 feet away from the crosswalk on DeKalb Avenue along with a pair of glasses, a sneaker and a medical foot cast, the Daily News reported.
Ongoing Investigation
Using the truck’s U.S. Department of Transportation number, which is required on commercial vehicles that travel between states, members of the NYPD’s Collision Investigation Squad identified the company that owned the truck. Police went to the company’s headquarters in Park Slope, which was about 5 miles from the scene of the crash. They identified Lennis Escalona Luna as the employee assigned to the truck.
Luna was asked to return to the office where police took him into custody without incident. The 42-year-old truck driver was charged with failure to yield to a pedestrian and failure to exercise due care, police said. The investigation into this incident is ongoing. We offer our deepest condolences to the family of Marco Gallardo Tirado for their tragic and heartbreaking loss. They will be in our prayers.
Failure to Yield the Right of Way to Pedestrians
In New York City, failure to yield the right of way to pedestrians is a serious violation of traffic laws and is enforced to protect pedestrian safety. According to the New York Vehicle and Traffic Law (VTL) §1151, drivers must yield the right of way to pedestrians who are in a marked crosswalk. When traffic control devices are not in place or in operation, drivers are required to slow down and stop if necessary to allow pedestrians to cross the road safely. This is particularly important in areas with high foot traffic, such as school zones, intersections, and busy city streets.
New York City’s Vision Zero initiative, launched in 2014, has reinforced these laws, increasing penalties for drivers who fail to comply. The initiative aims to reduce traffic fatalities by enforcing stricter rules, including fines and possible points on the driver’s license for violations. Depending on the severity, failure to yield can also result in criminal charges, especially if the pedestrian is injured.
Injuries and Compensation
Injured victims of pedestrian accidents and bicycle accidents can seek compensation from at-fault parties for damages including, but not limited to, medical expenses, lost wages and benefits, hospitalization, rehabilitation, permanent injuries, disabilities, past and future pain and suffering, etc. Families that have lost loved ones in pedestrian accidents can seek compensation for damages such as medical and funeral costs, pain and suffering, lost future income, etc.
Pedestrian accident victims and their families should remember that they can seek compensation for injuries or losses in collisions even if the victim was not walking in a marked crosswalk and even if the driver involved in collision was not charged. Our law firm recovered the full one-million-dollar insurance policy for a girl who was not in the crosswalk when a motor vehicle hit her.
In a hit-and-run collision, the driver and vehicle owner are both responsible parties even if the owner was not driving when the accident occurred. If the driver was on the job and/or operating a company vehicle at the time, his or her employer can also be held liable. When the driver is apprehended in a hit-and-run case, he or she can be held financially liable for the injuries, damages and losses caused.
Such drivers can be held financially responsible whether or not they are arrested and/or charged. If a hit-and-run driver has injured you, please remember that you can seek compensation through the uninsured motorist clause of your auto insurance policy (even though the driver has not been identified) or through a quasi-state agency if there is no motor vehicle in the victim’s household. You should consult a personal injury lawyer immediately to protect your rights.
Contacting an Experienced Lawyer
If you or a loved one has been injured in a pedestrian accident or bicycle accident, or if you have lost a loved one in an auto accident caused by a negligent (careless) driver, the experienced New York truck accident lawyer at the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options, and also fight hard to recover just compensation for you.
For over 53 years, our skilled accident attorneys have established a proven track record of helping injured victims get fair compensation for their losses. We recently recovered $5,600,000 for a bicyclist who was hit by a van, and $2,550,000 for another victim of a truck accident, and $3,000,000 for a pedestrian who was hit by a car, and $2,000,000 in a hit-and-run accident, and the full $1,000,000 insurance policy for a pedestrian who was hit by a truck, and $4,625,000 for a driver who was in a car and was hit by a van, and $2,500,000 for a man who fell through an improperly secured hole. Also, one of our clients obtained a verdict for $43,940,000 and another of our clients got a verdict for $23,500,000, both in medical malpractice cases.
Please contact us TOLL FREE 24 hours a day, 7 days a week at 1-800-WORK-4-YOU (1-800-967-5496). WE CAN EVEN COME TO YOU. There is no attorneys’ fee unless we recover money for you. We can also help with personal injury, lead poisoning and medical malpractice cases including, brachial plexus palsy (Erb’s palsy) and cerebral palsy cases in New York, New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case.
Other TOLL FREE phone numbers for us are:
1-800-RADIO-LAW, 1-888-WYPADEK, OR 1-800-LAS-LEYES
Please visit us at: www.WORK4YOULAW.com
Source: https://www.nydailynews.com/2024/10/18/nypd-searches-truck-driver-fatal-brooklyn-hit-run/