TRUCK DRIVER KILLS TWO IN MANHATTAN
In a frightening example of employee negligence that resulted in the wrongful death of two innocent people, a truck driver who is reported to have voluntarily quit taking his seizure medication lost consciousness and control of his garbage truck, killing two tourists from England when his truck jumped a curb, according to the New York Times. The crash took place in the late evening hours of February 12th, in Manhattan, on West 35th Street, between Fifth Avenue and Avenue of Americas. Action Carting Environmental Services of Newark are the owners of the truck driven by the truck driver, 52 year-old Auvryn Scarlett. A passenger in the garbage truck with Scarlett indicated he saw that Scarlett was driving erratically and he tried to grab the wheel and get control of the truck.
The two tourists who died were identified by police as Andrew Hardie, 47 and Jacklyn Timmons from Yeovil in southern England. Both were killed when the garbage truck hit them while they were walking on the sidewalk at 42 West 35th Street in Manhattan.
According to the story in the Times, police investigators filed charges against Scarlett, because he was not taking medication prescribed to him to prevent seizures. The police said that Mr. Scarlett’s truck, owned by Action Carting Environmental Services of Newark, New Jersey, was traveling west, and struck lamp posts and storefronts before striking three people. The third person hit, also on the sidewalk, was identified by police as Abayomi Henderson, 23, of Queens. Mr. Henderson was taken to Bellevue Hospital Center, where he was in serious condition, the police said last Wednesday.
According to spokesperson, Kevin Cranston, the New Jersey Motor Vehicle Commission indicated that Scarlett has a commercial driver’s license in good standing in New Jersey and that his records show no past violations. Mr. Cranston also indicated that regular medical testing is required of all who hold a commercial driver’s license and that an investigation is ongoing into Scarlett’s medical history. Cranston indicated, according to the Times, that if Mr. Scarlett was “someone found to have recurrent seizures, there would have been automatic disqualification” of his commercial license.
Our firm has extensive experience in all types of injury accidents including New York truck accidents. We promptly and thoroughly investigate each case to assess liability and determine fault. In this tragic example, the driver was charged by police for not taking his prescription medication to prevent seizures, but what about the company that employed him? Were they negligent in their hiring practices? Should an employee with a history of seizures be hired as a driver? What responsibilities does the company have to insure that the driver takes his medication? These are the types of questions our experienced New York Wrongful Death attorneys will know to ask. Our New York truck collision attorneys have an excellent understanding of the intricacies of personal injury law and our experience can help insure the best result for your case.
If you or a loved one has been seriously injured or fatally injured in a truck accident, the New York auto accident attorneys at Wingate, Russotti & Shapiro, L.L.P., would like to meet with you. Please call our office at 212-986-7353 to set up an appointment to discuss your case.
