New York Wrongful Death Lawyer Blog

It was dark on March 29, 2011, when the refuse hauling truck turned right at the busy intersection of East Avenue and East Union Street, Newark.

The driver and owner of the truck, Albert J. DeWilde Sr., felt a bump, and stopped to take a look. He found 16 year-old, high school sophmore, Jayme Bianchi under the truck.

It was reported the driver said "He came out of nowhere".

Newark Police believe that the youngster was stuck outside of the crosswalk area.

Also they preliminarily ruled out speed, mechanical difficulties, alcohol and drugs as contributing factors.

Garbage truck accidents can be very serious given the weight of the vehicle itself in addition to any load it may be carrying.

Death and serious injuries often are the result of a pedestrian being struck by a garbage truck. Responsibility does not rest solely on the part of the truck driver, however. Pedestrians should always be aware of their surroundings.

Jayme Bianchi was well liked.

The investigation into this sad occurrence is continuing.

In a March 30, 2011, article Sheriff's inquiry continues into death of Jennifer Simson, the Democrat & Chronicle reported that the Monroe County Sheriffs Office investigation into the tragic accident which killed a 34 year old Pittsford woman, last February 25, has not been completed.

A previous entry described some of the investigative steps involved.

The article mentions that the MCSO is "reconstructing the events", and that the snowplow driver's cell phone records have been subpoenaed, in order to determine if he was on the phone at the time of the accident.

Driver distraction caused accidents have been a common theme of several New York wrongful death lawyer blog entries, including: Wrongful Death By Distraction

Saturday's Democrat & Chronicle reported "Snowmobiler Killed in Riga". The accident happened on Thursday night, February 10, 2011, at about 10:00, when a car, traveling westbound, crossed over to the eastbound lane and struck two snowmobiles head-on, killing one person.

Jason Arnold, age 30 was driving the car. The snowmobiler was Thomas Bushman, 37 years old. He was thrown from his sled and died at the crash site.

The accident happened on a narrow bridge over railroad tracks which did not allow the snowmobiles any room to maneuver when faced with an oncoming car.

The newspaper article concluded "no charges had been filed" and "the investigation is continuing"; more information is now available.

The Police Accident Report, form MV-104A from the NYS Department of Motor Vehicles, completed by the Monroe County Sheriff's Office gives more details of the occurrence.

The report includes a section "Apparent Contributing Factors - Human" which lists Mr. Arnold's "vehicle 1" with numeric codes indicating "Fell Asleep" and "Failure to Keep Right". The report also mentions that a MCSO Investigator responded to the scene and interviewed Mr. Arnold and a witness to the accident. Although "Alcohol Involvement" was not indicated on the form by the reporting deputy, another deputy apparently obtained a blood sample from Mr. Arnold. Toxicology tests will presumably be run on the blood to determine if Mr. Arnold was under the influence of alcohol or drugs at the time of the accident.

To Mr. Bushman's family it probably matters little if Mr. Arnold was driving while intoxicated, or simply was so tired that he fell asleep at the wheel. It makes a big difference to Mr. Arnold however, as he could be charged with vehicular manslaughter or vehicular assault as a result of an alcohol- or drug-related driving violation that caused Mr. Bushman's death.

Along with her husband and three children aged 4 and under, family and friends, the community at large mourns the death of Jennifer Simson, struck and killed by a Town of Pittsford snowplow traveling in reverse gear in a Main Street parking lot on February 25, 2011.

A number of entities will conduct investigations into the accident, including the Monroe County Sheriff's Office, which was on scene immediately after it was reported.

It is likely that the Town of Pittsford will conduct its own investigation into the occurrence, as employer of the snowplow driver, and owner of the parking premises, it may be held civilly liable for the results of the driver's actions.

Investigators would interview at least one witness mentioned in Husband Talks About Wife killed by Snowplow, who saw and heard Mrs. Simson yell out just prior to being struck by the plow. There may be other witnesses.

Investigators will question the driver of the plow. Chances are good that under either federal or state law, he was tested for alcohol and drug impairment. Were the rear window or mirrors clear of frost, snow or any other substance that would reduce his visibility backwards? Was he distracted as he backed up? Did he check the rear by turning and visually "clearing" the path the vehicle was intended to take while backing? Did he fail to watch out for pedestrians? Did he check his mirrors prior to backing? Did he operate the plow in reverse without taking all necessary precautions? At what speed did he proceed backwards? How far did the truck back until impact and stop?

Investigators will inspect the snowplow equipment. Were there audible [loud beeping] and visible [flashing light] alarms installed and in use on the plow at the time of the accident? How good was the driver's backwards visibility from the cab? Was the design of the cab, rear window and mirrors, suited for backwards viewing?

Were there any "contributing factors" relating to the operation of the snowplow? What were the lighting conditions at that time of day? Was it snowing? How was visibility in general?

Were there any contributing factors on the part of the pedestrian, Mrs. Simson? Did she disregard something potentially dangerous by walking behind the plow in the parking lot? Was she distracted? Was she in a hurry? What color was her clothing?

These questions and others will potentially be answered by the investigations into Jennifer Simson's death.

Whatever the results of the investigations, it is a tragedy for the Simson family and for the driver of the snowplow.