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On February 12, 2015, a garbage truck accidentally hit and killed a young boy at the intersection of Central Avenue and Quail Street in Albany, New York. The driver was working for ICS Waste and Recycling at the time of the accident. Surveillance cameras on nearby buildings caught the incident on video.

So far, there have been no charges filed in the incident, but the police are still investigating.

Pedestrians Had the Right of Way When Boy Was Hit

According to media reports, the child was only four years old, and was a member of the Rahman family. Both of his parents and one younger sister survive him. Funeral services were held on Friday, February 13, 2015.

According to the trucking company, the child jumped into the road in front of the driver without warning. “We have received no information as to where the parents of the child were,” they said in a statement.

The Rahman family states that on the contrary, the child was holding hands with his mother when they went to cross the street. Albany police confirmed that surveillance cameras also showed the child holding hands with his mother.

“It is clear that he was crossing the street with his mom, he was holding hands with his mom and the truck struck him,” Officer Steve Smith of the Albany Police told CBS News. The two reportedly had the green light to cross, but the driver also had the green light to turn left from Quail Street onto Central Avenue. In this situation, however, the pedestrians had the right of way.

A crossing guard was reportedly on the opposite side of the intersection, helping other people to cross when the truck hit the boy. Police mentioned that the guard was wearing her vest, and that she had not reached the sidewalk when the mother and boy started crossing northbound. The guard told police that she did not witness the actual incident.

Could the Family Be Eligible to File a Personal Injury Lawsuit?

It is not clear yet whether the driver of the truck or the company he was working for, ICS Waste and Recycling, may be held liable for damages in this case. The driver is cooperating with police. The trucking company stated that the boy jumped out into the road without warning. The police have stated that according to video evidence, that isn’t true. They have further stated that the boy and his mom had nearly reached the other side of the road when the boy was hit.

The family has not filed any claims against the driver or the company, but it seems that they may be eligible to do so. If it is found that the driver was under the influence of drugs, alcohol, or medications; that he was overly fatigued from working long hours; or that he was distracted while driving; he could be held liable or partially liable for damages. The trucking company may share in that liability, if it is determined that they failed to monitor the driver’s working hours, or if the investigation finds they failed to properly maintain the vehicle.

The city, as well, may share part of the blame. Witnesses report that the intersection is extremely busy, and that traffic there is some of the worst. The crossing guard told reporters that it’s difficult to cross, and that “You got to really jump out of the way in order not to get hit out here.”

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