Accidents involving New York utility vehicles are not uncommon. They also can very quickly result in devastating or fatal injuries. It can be hard to know what to do or who is responsible for your considerable financial losses. An injury lawyer can help.
If you were injured in a utility worker-related accident, call Hecht, Kleeger & Damashek P.C. We will explain your rights and how to recover the compensation you need and deserve.
Call 212-490-5700 or use our contact form for a free consultation. There’s no fee unless we win.
New York Utility Truck Accidents
Utility workers routinely drive large trucks with cranes and heavy equipment attached. Even their smaller vehicles are usually loaded with heavy tools and spools of wire that can fall off and cause an accident.
Utility truck accidents in NYC may involve:
- Garbage and recycling trucks
- Dumpster trucks
- Telephone company trucks
- Construction company trucks
- Electrical utility trucks
- Oilfield trucks
- Water utility trucks
- Lawn maintenance trucks
- Cable trucks
Utility Truck Accident Injuries
Because utility trucks are often larger and heavier than a typical passenger vehicle, they can cause serious injuries.
Common injuries after a utility truck accident are:
- Traumatic brain injuries
- Concussions
- Whiplash
- Broken bones
- Neck and back injuries
- Head injuries
- Burns
- Soft tissue damage
- Disfigurement
- Amputated limbs
Liability in Utility Truck Accidents
Since most utility truck accidents involve an employee working at the time of the incident, there may be more than one responsible person.
People who may be responsible for a utility truck accident can be:
- The driver
- The employer
- The city or state who owned the utility vehicle
- A mechanic
- The person or company who loaded the utility vehicle
- A parts manufacturer
It’s important to conduct a thorough investigation after an accident with a utility vehicle to determine precisely what happened and who should be held liable. Any accident they cause should be covered by the employer’s insurance when the driver is working.
This could mean a higher insurance policy limit, and since damages in utility accidents are usually higher, this gives you a better chance at recovering the compensation you need.
New York City’s Liability
Many utility trucks in New York City are owned by the city and operated by city employees. If one of these drivers causes an accident, the government may be liable for your damages.
Many municipalities use “sovereign immunity” to avoid liability in tort (personal injury) cases like these. Sovereign immunity refers to the legal theory that a government cannot be sued without its consent. However, New York City does not. As long as you follow specific requirements, you can file a claim against the City of New York.
Suing NYC After a Utility Truck Accident
If you are injured by an NYC utility truck or one of the city’s workers, you must notify New York City of your injuries within 90 days of the accident. Then, you will receive a “Notice of Claim” and a claim number.
Within 30 days, the city will review your claim. They may offer you a settlement. If they don’t, or it’s too low, you can file a lawsuit in court. However, you must file within one year and 90 days from the time of the loss or accident.
Lawsuits against New York City for utility truck accidents can be complex. If you don’t meet a deadline, you may forfeit your ability to recover compensation.
Utility Truck Accidents: Workers’ Comp
If you were working at the time of the utility truck accident, you could file a workers’ compensation claim to cover medical bills and some of your lost wages. However, workers’ comp does not cover 100% of your losses.
It may be necessary to file an additional third-party personal injury lawsuit against the at-fault party to recover damages that workers’ comp does not provide.
Compensation After a Utility Truck Accident
If you are involved in an accident with a utility worker or their truck, you are entitled to recover financial compensation for your various damages and assorted losses. Hecht, Kleeger & Damashek P.C. can help you recover:
- Past and future medical expenses
- Lost wages
- Loss of earning capacity
- Pain and suffering
- Mental anguish
- Emotional distress
- Disability
- Disfigurement
- Loss of consortium (spousal relationships)
Safety Rules Utility Workers Must Follow
Because utility work is dangerous, workers and employers must follow many state and local regulations. Additionally, the federal – Occupational Safety and Health Administration – maintains many utility safety requirements.
Some rules and regulations that they must follow:
- They must wear appropriate reflective clothing.
- They must post signage to direct traffic around their worksite.
- They must put up directional indicator barricades.
- They must follow all standard rules of the road.
- They must yield the proper right of way to pedestrians and other motor vehicles.
If utility workers or companies fail to abide by these laws and many others, they may be subject to fines. They may also have to pay damages to the people who are injured.
Call HKD After a Utility Truck Accident
Contact a lawyer about your options if you have been injured by a utility vehicle or on a utility worksite. Hecht, Kleeger & Damashek P.C. has a team of legal professionals with experience handling utility accident cases like yours.
Call HKD today at 212-490-5700 or use the “contact form for a free consultation. There’s no fee unless we win.
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07/05/2015
I cannot recommend Jon Damashek highly enough. I attribute the favorable outcome to my case to his consummate and tireless dedication and tenacity. Just as important, he was truly there with me every step of the way. He was very…
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Mike W., HKD CLIENT
07/05/2015
I had the opportunity to work with Jon Damashek and had an amazing experience. I have known Jon for many years and always felt very comfortable relying on his expertise and knowledge of the law and more importantly his ability…
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