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Forty-six-year-old Maritza Suarez was run over by a cement mixer at the intersection of Morris Ave. and White Plains Rd. yesterday, in what the New York Post writes was a heroic effort to push her 17-year-old daughter out of the way of an oncoming vehicle that didn't appear to be slowing for pedestrians crossing the street. It indeed wasn't about to yield, because it struck Suarez, who was crushed underneath its wheels.
The Post reports that Suarez had a severe fear of traffic since being struck and nearly killed by a car near her home six years ago. Her sister told the Post that Maritza was paranoid about traffic and would run across intersections even if she had the walk signal. The Post also spoke to one witness who said that Lisa Suarez was across the intersection when her mother was struck by the cement mixer.
The Daily News cited a witness who said that Maritza Suarez was pushing a shopping cart through the intersection before she was hit, while other witnesses corroborated the account of a mother pushing her daughter out of harm's way. Regardless, the cement mixer did not slow down and killed the woman who was appropriately paranoid about traffic in the end.
One witness at the scene said that Lisa Suarez was screaming for the truck to stop as it struck her mother, but that it didn't appear as if the driver had any intention of doing so, "You can't come barreling around a corner with that kind of truck." Cops believe the 43-year-old driver was driving his cement mixer from the Cross Bronx Expressway to make a delivery. The News says he was not charged with a crime, while the Post says that the driver was cited for failure to yield to a pedestrian. Maritza Suarez's sister said, "This was reckless and careless. That mistake just destroyed a family."
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Enough of this. The streets shouldn't be a warzone.
How many more people need to be brutally crushed under these machines for change to happen? Why are these drivers never charged? Why do we have vehicles that way tens of thousands of pounds barreling through intersections? Stop the mayhem now. This is disgusting.
Anyone this careless needs true punishment, or our justice system has truly failed.
A citation? What about vehicular manslaughter?
We really need to start using civil forfeiture against these monsters. If you kill a pedestrian and you are at fault, you lose your car the city can auction it off. If you are driving a work vehichle, your boss loses that truck and can then sue you for the loss. Unlicensed, uninsured no problem, if you get caught you get a week on the chain-gang picking up rubbish, removing gum from the sidewalk, filling in potholes...etc.
---Tab, your humble working boy
So he was driving recklessly. Did anyone notice he killed a pedestrian who had the right of way?!?!?!!?!
I suggest that The Gothamist links to the Mayor's office to encourage readers to write about stiffer penalties for drivers who have disregard for life. I'm a driver and a pedestrian, and while I see a lot of people crossing the street in nutty ways, they always have the right of way. It might make the drive 30 seconds longer to have to slow down, but please. Trucks/vans/deliveries in a hurry and simply stupid drivers seem to be causing a lot of the pedestrian injuries and deaths.
It's always the same story - a truck/SUV making a right turn, kills a ped, the driver is not charged. Two things are clear:
1) Drivers know they can get away with killing someone, so why even bother slowing down?
2) Since the city isn't going to care if I get mowed down, I better be damn sure that the street is clear before I walk.
"You can't come barreling around a corner with that kind of truck."
You can't come barreling around a corner with any kind of vehicle. It just amazes me that there are people in this world like this driver who can sleep at night with this kind of attitude. It's not so much reckless disregard for others as apparent complete contempt for anyone else.
Its pretty clear that you can now legally commit murder by running someone down in your vehicle, since Bloomberg has decided not to enforce the traffic laws. I've lost count of the number of times I've seen cars speeding, running red lights, and not slowing for pedestrians. I also now jaywalk more than I used to, since using a crosswalk on a green light, that cars can turn into, is asking to get run down by some driver speeding and making a hard turn.
NO CHARGES! Of course! It's now legal in NYC to murder someone with your car.
This is an outrage. I beg Mayor Bloomberg to do something! How can someone get away with murder like this?
I truly believe I'm going to die not from cancer or medical illness but from an auto accident. Those giant dump trucks going to construction sites scare the crap out of me when I hear them barrel down the street.
I am so sick of incidents like this. It seems every other week there is a story about a pedestrian or cyclist being hit and killed by a motorist and absolutely no significant charges being brought against them for their crime. It is absolutely disgusting and unacceptable that there is no recourse for the motorists actions. New York should be ashamed of itself for the kind of unlawfulness motorists get away with. Down right murder.
The Post coverage suggests what I've been suspecting for a while, that moving violations are indeed charged after the fact in these incidents. ("Police said the driver, 43, who was not identified, would be cited for failing to yield to a pedestrian.")
Granted, this doesn't address the fact that somebody got killed (which will probably be handled via lawsuit), but I think media coverage (and Gothamist) often give us the false impression that you get off scot free when you hit someone.
bklnd,
True, it says the driver will be charged. But failing to yield is a lot lighter than reckless endangerment. And that would be a kind charge.
Does anyone know the fine for failing to yield?
The sad thing here is that the City condones this type of recklessness on a daily basis . The only time something is actually done to combat the problem is when someone gets hit and there's a public outcry ! If it's not a truck barrelling through red lights, It's a car ! I hate to say it but there really is nothing the police can do here if the guy didn't know he hit this woman and left her for dead . I see another charge the police could hit him with and that's Reckless driving . Ur supposed to either slow-down, Or come to a complete stop to yield to crossing pedestrians . Posted by; "Still Not Amused"
Apparently it is 3 points on your license. Pretty minor, considering that it takes 11 points to lose your license. (Even tacking on "reckless driving" would make is only 8.)
However, it also does mark the accident as the driver's fault. There will be a big claim against the company, and their insurer will end up paying it - certainly the guy is in danger of losing his job as a driver if he really is sloppy and dangerous all the time.
It would actually be a very sane and rational thing to lobby for - any moving violation that results in loss of life = suspension. We are much more harsh on DUI's, why not people who actually kill someone.
I'm not an expert on this subject, just a driver who is trying to figure out how the system really works. I think the "no charges" story (which is what you hear most of the time) is just inaccurate. It has to be.
[5], that's a good idea.
I actually knew Maritza Suarez and her family and it disgusts me how this driver is being let go and just cited for failure to yield to a pedestrian! She lost her life because of this in a harsh and brutal way, leaving behind a son, two daughters, and a loving husband! This truck driver needs to be charged with way more than just a citation for failing to yield to a pedestrian. That is such b.s.! May she rest in peace and know that we all love and miss her terribly. *tear*
Well. There's a nice little loophole to get rid of people i don't like.