Manhattan, NY – Carling Mott Crushed to Death by Truck Operator at E. 85th St and Madison AveNY/NJ Legal News
Manhattan, NY (July 27, 2022) – A woman who fell while riding a Citi Bike on the Upper East Side was crushed to death by a tractor-trailer on Tuesday, July 26th.
According to police, the operator of a Great Dane tractor-trailer was stopped at a traffic light at the intersection of Madison Avenue and East 85th Street at about 10:45 a.m. When the light turned green, he continued driving westbound. At that exact moment, a woman riding a Citi Bike who was also traveling westbound fell off the bicycle and the tractor-trailer rolled over her.
EMTs transported the victim, who has since been identified as 28-year-old Carling Mott, to New York Presbyterian Hospital Weill Cornell, where she died due to her injuries.
She was less than a half mile from her home when the fatal accident took place.
At this time, the driver has not been charged, but the incident is still under police investigation.
A sign posted a block away from the scene says “passenger cars only,” but officials from the Transportation Department said the rule is not in effect on the corner where the crash occurred.
Mott is the 12th bicyclist fatally struck by a motor vehicle in New York City so far this year.
As stated by the Transportation Alternatives Executive Director, in spite of decades of advocacy, the city has failed to build sufficient protected crosstown bicycle lanes. He added that “the absence of safe biking infrastructure on the Upper East Side is deadly.”
We would like to offer our deepest condolences to the family of the deceased victim, Ms. Carling Mott, at this time.
Wrongful Deaths in New York
To establish liability in a wrongful death case, the victim’s surviving family members will have to prove that the following three factors were present at the time of the accident:
- Duty of Care: In legal jargon, when someone has a duty of care, it means they owed the victim a basic level of care to ensure their safety and protect them from harm. For example, property owners, managers, and landlords have a duty to upkeep their premises in a manner that is reasonably safe by making sure it is hazard-free, void of dangers like wet floors with no warning signs, unserviced or malfunctioning escalators or elevators, and poorly installed or loose handrails in stairwells.
- Violation of Duty: Proving a duty was violated means you need to show that the at-fault party violated the duty they owed to the deceased. Taking into account the sequence of events and the knowledge they had at the time of the accident, you will need to show that the respondent should have been aware that a person could be injured or killed as a result of their action or inaction.
- Causation: Proving this element means showing that the at-fault party’s violation was the immediate cause of your family member’s death.
In a personal injury claim, proving wrongful death is not the same as the burden of proof demanded in a criminal case. As far as criminal cases go, it is a prosecuting attorney’s job to establish the defendant’s guilt beyond a reasonable doubt.
A claim of wrongful death, however, is a civil matter that must be shown through the legal theory of negligence.
The wrongful death lawyers at Metro Law can be reached at any time to help bereft family members by making sure they are updated on the progress of their claim, and answering any questions they have about the legal procedures that follow the untimely loss of a loved one.
If your family member lost their life in an accident caused by negligence, contact our personal injury attorneys in New York at (800) 469-6476 to find out what legal action is right for you.
Notes: Outside sources were used in the creation of this post including news bulletins and first-hand accounts of the accident and injuries involved. As a result, the details of the accident presented have not been independently verified. If you have identified any false information in the story or would like the post to be removed, please inform us immediately, and we will correct the information or remove the post.
Disclaimer: As a member of the local community, we at Metro Law strive to improve the overall safety and quality of life for everyone who lives in our beloved state. We are extremely saddened by these accidents but hope that through an awareness of these dangers, those in our community will take precautions to avoid these accidents. This is not a solicitation for business, and this information should not be misconstrued as medical or legal advice. We wish only the best and quickest recovery to all those involved in the accident. The photos depicted in this post are not from the actual accident scene.