New York City entered into a contract with Trocom Construction Corp. for them to do reconstruction work for Henry Hudson Parkway. The contract included a provision for Trocom Construction Corp. to cover any claim against the State that is from Trocom Construction Corp.’s negligence or failure to meet the terms or the law. The city granted Trocom Construction Corp. permission to restrict traffic on Henry Hudson Parkway to do their work. On the southbound Parkway from West 125th Street to West 100th Street they were allowed to impede traffic at certain hours, and at night when the work was being done. A source said it was limited to right bound lane. The site was required to be well lit. About six months after it was changed to include the right and center lanes but only from one in the morning to six thirty in the morning.
They started to work a few days after the permission was changed. They started setting up a catch-basin on the right lane. The work was indicated by barrels, and they had placed a truck with a flashing arrow board. The barrels were placed from the start of the lane to the truck and up until the end of the construction area. Inside the closed lane was an air compressor.
The same that they started the construction, Richie Vasquez, Rafael Costanza, Osvaldo Rolon and Robert Coello were driving on the southbound lane at around three twenty in the morning. Mr. Coello said that they were travelling at around 50-55 miles per hour, says a report. The speed limit in that road was 50 miles per hour. Another vehicle was coming up fast behind them, and they sped to about 60 miles per hour and swerved to the left fearing that they may get hit. He hit the left curb and lost control of the car. He said that the car spun, and he let go of the steering wheel and did not try the break. The vehicle turned onto the construction zone and hit the air compressor then the guard rail. The car went airborne and landed in the Hudson River. Mr. Rolon died of spinal injuries, and the others were injured.
Richie Vasquez, Rafael Costanza and Osvaldo Rolon represented, filed a case against Robert Coello, John Coello as the owner of the vehicle, Trocom Construction Corp., Anthony Santoro and Joseph Travato, who are employees of Trocom and the City of New York. Trocom Construction Corp. and the City of New York filed a motion for summary judgment within two days of each other. Trocom contested their inclusion as they had properly marked the construction area with the barrels and all along the site, there were signs. The construction zone was also well lit. Mr. Coello, the driver, saying that he did not see the construction up until they were swerving was contested by the statement of Mr. Vasquez, who was in the front passenger seatsaid he tried to get the driver’s attention to the construction site but did not notice. A source mentioned for the motion of the city, they said that the guard rails were not defective. They showed that it was properly made and followed to support the claim of Trocom about the area being well marked.
The court does not typically decide on a summary judgment with regard to negligence, according to a spokesman. The exception is when the party expressly shows that they are not negligent in what had happened in the accident. In this case, the court’s decision was to dismiss the case against Trocom and the City of New York and Westchester County. They did not cause the accident to happen but was just incidental to the happening. Spinal cord injuries can often be fatal.
Negligence by someone causes accidents to happen. In almost all cases, some need to be compensated for the damages that they had incurred. New York Auto Accident Lawyers are the one who do the work for you to get the compensation that you deserve. They may also be the one to defend your right against other claims.
We at Stephen Bilkis & Associates have experienced Auto Accident Lawyers who will go for the compensation that is due to you. If you were in a car accident because of another person’s negligence call us. We will provide you the legal assistant that you need. Our number is 1-800 NY – NY- LAW. We have offices all over New York and Long Island.