Luis Mario Sangurima, a 37-year-old worker who was directing traffic the afternoon of Oct. 29 at a Brooklyn site was killed in a construction accident after he was fatally struck by a van driver. According to a report in the New York Daily News, the driver was behind the wheel of a rental van going east on Myrtle Avenue in Bedford-Stuyvesant when he attempted to get around a slow-moving box truck heading in the same direction.
Criminal Charges
As he tried to skirt around the left side of the box truck near Walworth Street, the van went into oncoming traffic next to a construction zone, sideswiping the box truck, police said. According to surveillance video reviewed by the Daily News, the driver then slammed into Sangurima, a construction flagger who was wearing a reflective yellow vest and directing drivers down a narrow lane past the construction site.
After striking Sangurima, the van crashed into an oncoming minivan, police said. Medics rushed Sangurima to a local hospital, but he succumbed to his injuries. The driver, 36-year-old David Clyde Mercury, was arrested at the scene and charged with criminally negligent homicide, reckless endangerment, reckless driving and failure to exercise due care. We offer our condolences to the family of Luis Mario Sangurima for their tragic loss. The investigation is ongoing.
Dangers Faced by Roadside Construction Workers
Construction workers face considerable dangers from passing motorists, especially on roadside or highway construction sites. These workers are often exposed to high-speed traffic in close proximity. Also, when drivers are careless — whether through speeding, distracted driving, or failing to obey posted construction zone warnings — the risk to workers rises significantly. Motorist negligence (carelessness) can lead to severe injuries or fatalities, making roadwork one of the more perilous tasks in the construction industry.
One primary form of motorist negligence (carelessness) is distracted driving, which has become increasingly prevalent with the widespread use of smartphones. Drivers who text, make calls, or even adjust their GPS while driving through a construction zone can easily miss essential warning signs or traffic control signals. In these moments, a split-second distraction can lead to an accident, with cars veering off into workers’ areas or failing to slow down in time.
Speeding is another common issue. Although most construction zones have reduced speed limits to protect workers, many drivers ignore these limits. High-speed collisions not only increase the likelihood of injury but also heighten the severity of those injuries due to the impact of the crash. Additionally, motorists who are impatient or frustrated by traffic delays in construction zones may drive aggressively, weaving through lanes or attempting to overtake other vehicles, which can lead to accidents involving workers or their equipment.
Compensation for Injured Workers
An injured worker in New York City may be entitled to workers’ compensation benefits, regardless of who was at fault for the accident. Workers’ compensation provides medical treatment, a little wage replacement, and other benefits to employees who suffer work-related injuries or illnesses. In addition, workers may also be able to file a third-party claim against a negligent (careless) party other than the employer or co-employees for significant monetary damages and have two sources of compensation available for their losses.
Examples of third parties include, but are not limited to, general contractors, construction companies, sub-contractors, building owners, managing agents etc. In cases where a worker dies from injuries suffered on the job, surviving family members may seek death benefits through workers’ compensation and/or file a wrongful death claim against a third party who may be held liable for the fatal incident.
Contacting an Experienced Lawyer
If you or a loved one has been injured in a struck-by accident or any type of construction accident, 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. For over 53 years, our skilled accident attorneys have established a proven track record of helping injured victims get fair compensation for their losses.
Our law firm recovered $3,375,576 for a construction worker (an undocumented immigrant) who was injured on the job — one of the highest construction case settlements in New York that year. Our law firm also recovered $3,000,000 for a man who fell and suffered two broken legs when he walked into an open elevator shaft. 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/2024/10/30/construction-worker-fatally-struck-van-driver-arrest-criminally-negligent-homicide-bedford-stuyvesant-brooklyn/