A sanitation worker while on duty was struck by a truck while making deliveries in Queens, New York. This caused the worker to become “pinned” between the two vehicles as reported by the New York Law Journal in a January 28, 2013 news article.

As a result, the sanitation worker died and his wife brought a lawsuit against the truck driver and his employer claiming that the truck driver was “negligent in the operation of his vehicle” while the employer was responsible since the incident happened during the course of the employee’s employment. In addition, the truck driver and his employer claimed that the decedent “should have seen and avoided the delivery truck” thus the employee was responsible for the accident.

Also, the wife claimed that her husband had suffered for about an hour before he died, whereas the truck driver and his employer claimed that he died immediately. The wife sought compensation for the death of her husband as well as pain and suffering and for the children’s loss of financial and “parental guidance.” The case was eventually settled for about $9 million.

We at Jayson Lutzky, P.C. can provide you with the information you need if you have been injured, and how this will affect an accident claim. If you have been injured due to someone else’s behavior and you are in need of legal advice, then please feel free to call us at 1-800-660-5299 for a free initial  in office consultation or visit our website at www.MyNewYorkCityLawyer.com.