Call Today for a Free Consultation: New York: 347-354-4676  Westchester: 347-354-4676  Long Island: 347-354-4676

Pulvers, Pulvers, Thompson L.L.P.
  • Home
  • About
    • About Our Law Firm
    • Marc R. Thompson Esq.
    • Andrew Wiese Esq.
    • Harlan B. Thompson Esq.
    • Stacy L. Thompson Esq.
    • Marvin Leicher Esq.
    • Jeffrey Fried Esq.
    • Michael Kutner Esq.
    • Andrew Wiese Esq.
    • Jennifer Golden Esq.
    • Brian Kutner Esq.
    • David Thompson
    • Tim Walcott
    • Daniel Ruiz
  • Our Legal Services
    • Construction Accidents
    • Medical Malpractice
    • Motor Vehicle Accidents
    • Serious Personal Injuries
    • Sexual Harassment
    • Injuries To Children
    • Dangerous Products
    • Additional Services
  • Case Settlements
    • Customer Testimonials
  • Areas We Serve
  • Blog
  • Contact
  • Home
  • About
    • About Our Law Firm
    • Marc R. Thompson Esq.
    • Andrew Wiese Esq.
    • Harlan B. Thompson Esq.
    • Stacy L. Thompson Esq.
    • Marvin Leicher Esq.
    • Jeffrey Fried Esq.
    • Michael Kutner Esq.
    • Andrew Wiese Esq.
    • Jennifer Golden Esq.
    • Brian Kutner Esq.
    • David Thompson
    • Tim Walcott
    • Daniel Ruiz
  • Our Legal Services
    • Construction Accidents
    • Medical Malpractice
    • Motor Vehicle Accidents
    • Serious Personal Injuries
    • Sexual Harassment
    • Injuries To Children
    • Dangerous Products
    • Additional Services
  • Case Settlements
    • Customer Testimonials
  • Areas We Serve
  • Blog
  • Contact

Blog

New York Legal Blog
February 28, 2020  |  By eddiesinger

UPDATE: Christina Gardini Killed In Brooklyn Truck Accident on Bay 35th Street In Gravesend

Christina Gardini Brooklyn: Christina Gardini Killed In Brooklyn Truck Accident on Bay 35th Street In Gravesend

BROOKLYN, NEW YORK (February 27, 2020) – A 27-year-old EMT identified as Christina Gardini has tragically died in a semi-truck accident while riding her motorcycle on 35th Street in Gravesend.

New York police department officials are saying that the truck accident took place around 11:30 a.m. For reasons that remain under investigation an unoccupied truck was left double parked in the roadway.

Christina Gardini collided with the unoccupied truck which caused her motorcycle to catch fire. She sustained severe burns as a result of the collision.

An ambulance was called to the scene in order to help the victim. Despite life-saving measures Christina Gardini later died due to her injuries. The victim worked for Maimonides Medical Center and was remembered as a wonderful person.

Her cousin told the New York Post, “She was a beautiful girl. She just got everything in her life together. We’re all devastated.” It remains unclear if the driver of the semi-truck will be cited for the crash.

A investigation into the Brooklyn motorcycle accident remains ongoing at this time.

Liability In Brooklyn Accidents Involving Double parked Vehicles

Generally speaking, there is a presumption of negligence when drivers hit vehicles ahead of them. But this is not always the case when a vehicle is double parked or illegally parked. This was the opinion of Manhattan State Supreme Court Justice Arlene Bluth. According to the Justice, “From the case law it appears that double parking is the only exception to the rule in this Department that the stopped front car is presumed not negligent.” She continued, “[if the plaintiff] was already stopped and double-parked when defendant came upon her, as here, White v. Diaz holds that being hit from the rear may be a  reasonably foreseeable consequence of double parking on a busy Manhattan street, and the determination of negligence must be left to a jury.” There are a number of material facts that could help determine liability in such an accident including:

  • The time of day of the accident
  • The duration of time a vehicle was double parked
  • Whether the parked vehicle had hazard lights on
  • Whether the street in question allowed commercial trucks
  • Whether the defendant violated a parking statute that was meant to prevent accidents

Liability for truck accidents in New York City is determined on the doctrine of comparative negligence. According to the Cornell Law Dictionary, comparative negligence is “A tort rule for allocating damages when both parties are at least somewhat at fault.  In a situation where both the plaintiff and the defendant were negligent, the jury allocates fault, usually as a percentage (for example, a jury might find that the plaintiff was 30% at fault and the defendant was 70% at fault).  Then each pays their share of the other’s damages (in the above example, the plaintiff pays 30% of defendant’s damages, and defendant pays 70% of plaintiff’s damages).” Accordingly, even if a defendant is partially at fault they or their family may have legal recourse.

The family of any victim that died in a truck accident may have legal recourse through a wrongful death claim. Damages in a civil claim can help cover lost wages, medical bills and pain and suffering. Potential beneficiaries in a civil claim can include a victim’s spouse, children, siblings and parents. Accidents involving double parked vehicles are among the most difficult to properly assess in terms of liability. Insurance companies and truck companies will often fight tooth and nail to deny responsibility even if the truck driver broke the law. A Brooklyn truck accident attorney can examine all of the facts of your case free of cost and get you the answers that you deserve about what went wrong.

Investigating A Brooklyn Semi-Truck Accident

We at Pulvers, Pulvers & Thompson extend our deepest condolences to the family of Christina Gardini. There needs to be a thorough investigation for the sake of all affected. What was this truck driver doing double parked and why weren’t they in their vehicle to begin with. Truck drivers are not at liberty to park where and when they see fit. It is dangerous and often leads to accidents. It is our sincere hope that city officials and law enforcement will consider measures to help prevent additional incidents like this.

UPDATE: Lawrence Wink Killed In Baldwinsville Garbage Truck Accident By Aspen Springs Drive and White Chapel Road

Previous StoryUPDATE: 46-Year-Old Woman Injured In Haddonfield Fire Truck Accident By Kings Highway East Near Haddon Avenue
Next StoryUPDATE: Brooklyn Scaffold Collapse Accident Injured Three Construction Workers At 535 Grand Street In Williamsburg

Related Articles

  • EXETER: Clarence Travis Killed In Schuyler Lake Semi-Truck Accident Along Road 22
  • CAROLL GARDENS: One Person Injured In Brooklyn Truck Accident On Brooklyn Queens Expressway

Leave your comment Cancel Reply

(will not be shared)

CATEGORIES

  • Bicycle Accidents (13)
  • Injuries (7)
  • Law (238)
  • Malpractice (6)
  • Medical Related (9)
  • Motor Vehcle Accidents (39)
  • Personal Injury (83)
  • Personal Injury Lawyer Blog (1)
  • Personal Injury Questions (6)
  • Product Liability (2)
  • Public Transportation Accidents (3)
  • Pulvers & Thompson LLP (3)
  • Real Estate Blog (2)
  • Real Estate Blog – Adam Friedman (8)
  • Real Estate Blog – Maria Cheung (1)
  • Real Estate Law (13)
  • Settlements & Verdicts (1)
  • Tort Law (Personal Injury) (8)
  • Truck accident (9)
  • Uncategorized (2)
  • Vehicle Related (7)
  • Work Related Accidents (21)

ARCHIVES

  • December 2020 (3)
  • November 2020 (3)
  • October 2020 (3)
  • September 2020 (3)
  • August 2020 (3)
  • July 2020 (3)
  • June 2020 (3)
  • May 2020 (1)
  • April 2020 (4)
  • March 2020 (72)
  • February 2020 (31)
  • January 2020 (14)
  • December 2019 (59)
  • November 2019 (66)
  • October 2019 (3)
  • September 2019 (3)
  • August 2019 (3)
  • July 2019 (3)
  • June 2019 (3)
  • May 2019 (3)
  • April 2019 (6)
  • February 2019 (2)
  • January 2019 (4)
  • February 2018 (1)
  • January 2018 (3)
  • December 2017 (1)
  • November 2017 (1)
  • October 2017 (2)
  • September 2017 (3)
  • August 2017 (1)
  • July 2017 (1)
  • June 2017 (2)
  • May 2017 (1)
  • April 2017 (4)
  • March 2017 (1)
  • February 2017 (1)
  • January 2017 (2)
  • June 2015 (1)
  • May 2015 (6)
  • April 2015 (5)
  • November 2014 (4)
  • October 2014 (2)
  • September 2014 (8)
  • August 2014 (9)
  • July 2014 (10)
  • June 2014 (6)
  • May 2014 (10)
  • April 2014 (6)
  • March 2014 (1)
  • February 2014 (15)
  • January 2014 (2)
  • December 2013 (3)
  • November 2013 (3)
  • October 2013 (12)
  • September 2013 (3)
  • August 2013 (4)
  • July 2013 (1)
  • June 2013 (10)

ABOUT US

Pulvers, Pulvers & Thompson, L.L.P., is a client-centric, results driven law firm with a focus on personal injury representation. With happy clients all over Greater New York and a strong record of success protecting their interests, we are confident that we can help you pursue the justice and compensation you need after a serious injury.

Habla Español

Visit Us

New York Office
950 3rd Ave #1100
New York, NY 10022

Queens Office
34-38 Bell Blvd, 3rd Fl
Bayside, New York 11361
(by appointment only)

Long Island Office
425 Broadhollow Road
Melville, New York 11747
(by appointment only)

Call Us

New York
347-354-4676

Westchester
347-354-4676

Long Island
347-354-4676

Fax
212-355-9000

ABOUT US

Pulvers, Pulvers & Thompson, L.L.P., is a client-centric, results driven law firm with a focus on personal injury representation. With happy clients all over Greater New York and a strong record of success protecting their interests, we are confident that we can help you pursue the justice and compensation you need after a serious injury.

Habla Español

Pulvers, Pulvers, Thompson L.L.P.
  • Home
  • About
  • Our Legal Services
  • Case Settlements
  • Areas We Serve
  • Blog
  • Contact

Copyright © Pulvers Thompson - All Rights Reserved. Privacy Policy | Disclaimer | Web design by The Rusty Pixel.