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.