A 64-year-old pedestrian was hit and killed by a truck in Times Square the afternoon of Feb. 6. According to a report on Streetsblog.com, the woman was walking eastbound on West 45th Street across Seventh Avenue when she was struck by a large dump truck that was making a left turn onto Seventh Avenue in the middle of the Crossroads of the World. Police said the woman was in the crosswalk and had the light when the 55-year-old dump truck driver struck her.
No Charges Filed Yet
When police arrived, they saw the woman had severe leg trauma. She was 
transported to a local hospital where she succumbed to her injuries. The truck driver remained on the scene and was charged only with two equipment violations related to the lack of tarp on top of his container and another related to the truck’s anti-lock braking system.
Streetsblog reports that the driver has not been charged with failure to yield or failure to exercise due care in connection with this fatal pedestrian accident. Police said they don’t suspect “criminality” at this time, but that they are investigating the incident. The Manhattan District Attorney has also confirmed they are looking into this case, but have not provided additional details. We offer our deepest condolences to the family members of this deceased victim.
Failure to Yield
We’ve seen a number of pedestrian accidents, many of them fatal incidents, happening as a result of drivers failing to yield the right of way to pedestrians at street intersections. New York laws state that pedestrians have the right of way in all crosswalks and intersections with marked or unmarked crosswalks. The law also states that motorists turning right or left at an intersection should always look for pedestrians and yield the right of way to them. Pedestrians have the right of way at intersections, even if drivers have a green light.
In cases where pedestrians are hit by commercial vehicles such as tractor trailers or dump trucks, in addition to the driver involved, the driver’s employer and/or the company or entity that owns the truck can be held liable for the injuries and damages caused. Such pedestrian accidents often result in catastrophic injuries such as brain trauma, spinal cord damage, multiple broken bones, internal injuries, etc.
Contacting an Experienced Lawyer
Injured victims of pedestrian 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 lost future income, medical and funeral costs, pain and suffering, etc.
If you or a loved one has been injured in a pedestrian accident, or if you have lost a loved one in an auto accident caused by a negligent (careless) driver, the experienced New York personal injury attorneys 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.
Pedestrian accident victims and their families should remember that they may be able to 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.
For over 49 years, our skilled accident attorneys have established a proven track record of helping injured victims get fair compensation for their losses. Our law firm 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 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 and medical malpractice 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://nyc.streetsblog.org/2021/02/07/pedestrian-killed-by-trucker-in-midtown-no-charges/