On Tuesday, July 28, 2015, a woman was walking in the crosswalk on North Marginal Highway in Union City, New Jersey, when a dump truck made a right turn from Pleasant Avenue and ran her over, inflicting fatal injuries.
Although authorities have indicated neither cell phone use nor speed played a role, there are many questions that need answers, including the following:
- Was the driver distracted?
- Was anything in the truck blocking his view of the road?
- Was he driving safely for the traffic conditions?
- Was he hauling a load that was too heavy, preventing him from stopping before he ran into Ms. Ellis?
- Was there a traffic flow design flaw that contributed to the accident?
- Were his brakes working correctly?
This is a terrible tragedy for the family, and they are entitled to answers to these and other questions.
Kathryn Brenzel at nj.com found that the driver of the dump truck had received recent traffic citations in Pennsylvania:
- One filed June 27, a day before the fatal Union City crash, for allegedly driving an overloaded vehicle;
- One in Portland Borough, PA for allegedly exceeding the maximum gross weight of a vehicle;
- Two in Whitehall Township, PA for allegedly failing to stop at a red light, and 3 months later, for allegedly operating a vehicle with unsafe equipment.
The investigation is ongoing, and it may take an independent investigation by an attorney to determine fault. In some cases, the local police or state patrol determine a truck driver is not at fault, and then our lawyers uncover persuasive evidence to the contrary.
Commercial truck cases are complex, and many factors are used to determine the cause of the crash. In addition, commercial vehicle drivers have a duty to use more care than other drivers. This means they have to look carefully for pedestrians to prevent accidents.