Truck Hangs Precariously Three Floors Up

Last week, a 15-ton salt-spreading truck crashed through a brick-and-window wall on the third floor of a Sanitation Dpartment repair depot in Queens. Two thirds of the truck remained suspended over the edge of the building, thirty feet up, with a frightened driver inside. Luckily, rescue workers were able to save the man and haul the truck back from the brink.

The incident took place Wednesday morning, August 17, at 9:30am, in Maspeth, Queens. The driver, Robert Legall, 56, had accidentally stepped on the gas pedal rather than the brake, according to the New York Daily News. However, investigators and the Sanitation Department remain uncertain of the causes.

Legall was initially saved because the back of the truck was lodged against the top of the solid brick wall, preventing it from tipping beyond its 45-degree angle. He was then saved by a cherry picker crane about thirty minutes after the crash. He was taken to Elmhurst Hospital Center for back and neck injuries, but was released soon after.

Legall is a 10-year veteran of the Sanitation Department. His truck, worth $200,000, was one of two that plows and salts roads on Rikers Island. At the time, he brought it in for its seasonal servicing. After Legall was freed, workers hauled the truck back inside by pulling heavy chains from the back and pushing with a crane from the front. The incident was over by mid-afternoon.

So far, no charges have been made and Legall's drug test came out negative.

Commentary:
In reading this article, you could make a good argument that normal operation of a car or truck does not involve accidentally pressing the gas when you want to press the brake. No matter how the article describes the happening of the accident, unless there is some mechanical defect or failure with the brake system or acceleration system, there should be no reason for a $200,000 salt spreader truck to plow through a building. The fact that the driver is noted to have accidentally hit the gas when he intended to hit the brake is carless, which is synonymous with negligence.

Interestingly, if someone was injured because of this driver's carelessness, it would be up to a jury to decide whether he was careless and if so, what percentage of his carelessness caused the accident.




If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website http://www.oginski-law.com. If you have legal questions,  I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.