Manhattan Safelite Auto Windshield Repair Truck Accident: Man Killed In East Harlem DUI Safelite Truck Accident By East 125th Street and Madison Avenue In Manhattan
MANHATTAN, NEW YORK (January 1, 2020) – A pedestrian has tragically died after being hit by an intoxicated Safelite Auto Windshield Repair truck driver near the intersection of East 125th Street and Madison Avenue.
New York Police Department officials are saying that the accident took place around 5:00 p.m. The unidentified man was crossing the street when he was hit by the driver of the Safelite Auto Windshield Repair truck.
Paramedics arrived at the scene in order to help the victim. Despite life-saving measures he later died due to his injuries.
Police administered a breathalyzer to the driver of the truck and he appeared to be under the influence. The Queens driver has since been charged with vehicular manslaughter and driving under the influence.
An investigation into the East Harlem pedestrian accident remains ongoing at this time.
Liability In Manhattan DUI Car Accidents
All drivers are supposed to exercise due care in order to avoid hitting pedestrians. According to NYS Vehicle and Traffic Law (VTL), §1146, “If such driver of a motor vehicle causes physical injury while failing to exercise due care in violation of subdivision (a) of this section, then there shall be a rebuttable presumption that, as a result of such failure to exercise due care, such person operated the motor vehicle in a manner that caused such physical injury.” Commercial drivers, in particular, are held to a high standard in terms of safety.
For example, commercial drivers are held to a much more strict standard in terms of when a driver is considered legally intoxicated. Commercial drivers are considered intoxicated when they have a BAC of 0.04% or higher – compared to 0.08% for non-commercial drivers. It is a felony to operate a motor vehicle while under the influence of alcohol and to cause an accident resulting in bodily injury or death. Drunk drivers that hit pedestrians may face fines as well as jail time.
According to New York Vehicle Code 1192, “Driving while ability impaired. No person shall operate a motor vehicle while the person’s ability to operate such motor vehicle is impaired by the consumption of alcohol.” Even moderate amounts of alcohol can substantially impair a person’s driving ability i the following ways:
- Decline in visual function
- Divided attention
- Impaired judgement
- Lowered alertness
- Difficulty steering
If a driver was working at the time of a collision the company that they work for will typically be at fault if they are negligent. Generally speaking, companies are liable for the negligent conduct of their employees – insofar as those employees were working within the course and scope of their job duties. The family members of any victim that died in a DUI car accident may be able to seek justice through a wrongful death claim. Damages in a civil claim can help cover lost wages, medical bills, loss of love and potentially punitive awards. A pedestrian accident attorney can examine all of the facts of your case and let you know what your legal options are.
Investigating A Manhattan DUI Car Accident
We at Pulvers, Pulvers & Thompson extend our deepest condolences to the family of the victim that died in this accident. Any person that may have seen what happened should reach out to the NYPD as they continue their investigation. It is disturbing and reprehensible that a truck driver would allegedly drive under the influence. There needs to be some accountability for what happened. This was a senseless, preventable tragedy that should never have taken place.