Responsibility of truck owner & driver now charged!

[Speedpup]

osted: Thursday, March 11, 2010
DA: Indictment charges garbage carter and driver with negligence in fixing brakes on truck in fatal accident

A Ridge man has been charged with criminally negligent homicide for a collision last June that killed a 56-year-old Fort Salonga woman, according to Suffolk District Attorney Thomas Spota's office.

Deborah Shavalier was parked at a stoplight at Pulaski Road and Bread and Cheese Hollow Road in Fort Salonga around 8:30 a.m. last June when a garbage truck overturned onto her Honda Civic. The garbage truck's driver, Robert Moore of Ridge, told Suffolk Police that his brakes failed as he approached the intersection, according to Mr. Spota.

Mr. Spota said the investigation into the cause of the accident found evidence that the truck had only two properly maintained brakes at the time of the crash.

"Instead of replacing parts on the truck's braking system as required, Jet Sanitation merely made adjustments and put this vehicle back on the road, Mr. Spota said.

The company that Mr. Moore worked for, Jet Sanitation Corporation of Islandia, the district attorney noted, was also charged with criminally negligent homicide in the incident. The company was cited 28 times for brake and weight violations over a six-month period in 2009, Mr. Spota said.

The investigation also found that Mr. Moore failed to engage the "tag or extra axle on the garbage truck, Mr. Spota said. "Tests by the Motor Carrier Safety Section show that not using the extra axle contributed to the truck failing to stop before reaching the intersection, he said.

The company and the driver are charged separately with failure to inspect, repair and maintain the 2008 Mack garbage truck as well as charges related to brake performance, Mr. Spota said. Additionally, Jet Sanitation is charged with four counts of brake out of adjustment, and two counts of operating in excess of legal weight, Mr. Spota said.

 

[Diggedirt]

This will put some people in a rough spot.

Things we all know:
1. It is up to a driver to inspect his truck. How many of us pull a wheel and measure the brake pads each day....?
2. The maint. dept should replace parts instead of cobbling them up to get by.
3. A company should provide a truck that is safe to operate.
The reality of the situation right now in the current economy is such that if a driver refuses to use the truck or a mechanic demands new parts there are many unemployed people that would take their place rather quickly. Sad but true.
The fact of the matter is that there will be people that would normally refuse to use a truck or other equipment getting pressured to ignore the problem and use the truck. Some will bend to the pressure, some will not. I have a guess as to who will keep the job.
The other sad fact is that the company probably has the funds to hire a good enough lawyer to ensure that no company officials spend any time in jail. The driver may not have the funds to hire the same level of defense so he will be the only one who does any time and gets the record to go with it.

 

[Speedpup]

I would think the driver will have to be shown to have committed gross negligence.

The company and the driver are charged separately with failure to inspect, repair and maintain the 2008 Mack garbage truck as well as charges related to brake performance, Mr. Spota said. Additionally, Jet Sanitation is charged with four counts of brake out of adjustment, and two counts of operating in excess of legal weight, Mr. Spota said.

Driver now has to be a mechanic?

 

[muzy]

I feel for the driver and the family involved. Obviously the brakes were addressed as an issue, and still the shop released the truck into service. NO driver needs the extra pressure of fear for his job. The shop should have stood with the driver and not put the truck into service.
Just my thoughts. muzy
Oh Hi evybody Great site.

 

[412neal]

I adjust my brakes every day on my trucks , I think this is always in the back of everyones mind , I think having older trucks that you still have to adjust manually helps you inspect as well , also driving habits play a huge role in safety ,I was taught at a young age to never be in a hurry but some very close calls really drove it home , by the way new here been in the excavating bus. since 1981 and love this site

 

[Red Bank]

I adjust my brakes every day on my trucks , I think this is always in the back of everyones mind , I think having older trucks that you still have to adjust manually helps you inspect as well , also driving habits play a huge role in safety ,I was taught at a young age to never be in a hurry but some very close calls really drove it home , by the way new here been in the excavating bus. since 1981 and love this site

I agree with 412neal I have to keep a close tab on my Mack's brakes and I drive it very carefully. but when I am in one of the company's trucks I never really think about it, I always felt the liability would be on them, I guess I am wrong:beatsme. A jury would probably hang me anyway since I am a mechanic and should check things better

 

[CM1995]

The shop should have stood with the driver and not put the truck into service.

Nowhere in the article did it state that the driver refused to operate the vehicle. He may have but according to the information reported, there is no indication of that.

The investigation also found that Mr. Moore failed to engage the "tag or extra axle on the garbage truck, Mr. Spota said. "Tests by the Motor Carrier Safety Section show that not using the extra axle contributed to the truck failing to stop before reaching the intersection, he said.

Not engaging the lift axle is an obvious drivers error. So I can see why both driver and company are being charged. The company for not providing better controls over the condition of the vehicles they are operating and the driver for operating an unsafe vehicle in an unsafe manner. The company should know what it takes and put the proper controls in place, with follow up from management. The driver should know the proper operation of the vehicle he is driving. This is a tragic example of letting too many things slide.

 

[John C.]

The article does not state what type of brake system was being used. If it was air operated S cam then most states now require automatic slack adjusters. If it had juice brakes then there is little the driver can do to inspect them. There may have been a problem with the brakes in pulling to one side or locking up one wheel and the driver would be culpable for the accident if he didn't turn that in with some kind of written repair request. I have experienced more than one driver blaming equipment failure for inattention or worse.

Garbage trucks have the obvious issues of debris and stench. I can't see many drivers crawling under the back axles to check brake block thickness or doing adjustments. In this neck of the country they aren't paid much and they are slammed with too much territory to cover. I can surely see a company trying to pin the problem on the driver and to most of those companies the driver is just a monkey they can abuse.

The company is another story altogether to me. The company president and financial officer should see some jail time. The stated history in the article if true shows a wanton disregard for the safety of the their employees and the public at large.

 

[tonka]

Its both there fault Jet Sanitation and the driver, the driver should have done a proper walk around that he gets paid to do. If he found the brakes were bad, report it to the service dept, and refuse to operate that truck. If he got fired for putting it out of service, he could sue Jet.

JohnC....Garbage trucks have the obvious issues of debris and stench. I can't see many drivers crawling under the back axles

Well in my neck of the woods,(DART, the biggest transfer station in the stat of NJ) drivers have to crawl under there trucks to check the brakes, they even have to crawl inside the body's of certain front loader trucks to clean out the debris that accumulates in front of the body, on front loading garbage trucks.

 

[muzy]

Nowhere in the article did it state that the driver refused to operate the vehicle. He may have but according to the information reported, there is no indication of that.

CM1995, You are correct. I reread with my with imagination in neutral this time and got a better grasp of the facts. muzy

 

[diggerman57]

This is not an easy situation to deal with. When the driver does a walk around, and checks the slack adjusters to make sure they're within 1 inch of slack, if they're out of adjustment, the driver can't adjust them unless he's a certified air brake mechanic. That's the law.

Trucks built after 1994 have automatic slack adjusters that shouldn't have to be manually adjusted. If you try to adjust them, just a couple of brake applications later, and they will be right back back where they were. It's a sign that there is probably something else wrong.

Checking brake shoe linings and brake drums is easy, assuming they don't have dust covers mounted on them preventing you from seeing them. But you have to know what you're looking for. No less than 1/4" of lining and about 1/8" of gap between the pad and the brake shoe lining. A lot of drivers don't know these things, and CDL manuals that I've seen don't go into that much depth.

Where he should have noticed is when he did his air brake check. When he pulled ahead and applied his service brakes he should have noticed something was wrong. (Assuming he did an air brake check.)

I guess what I'm trying to say is the driver isn't the only one responsible, but once he pulled out of that yard, it's on him. But shame on the company for having what seems to be a **** poor maintenance program.

 

[Speedpup]

Husband of garbage truck crash victim files claims
By Arlene Gross
write the author
September 16, 2009 | 04:01 PM
As the husband of a fatal accident victim at Bread and Cheese Hollow and Pulaksi roads considers legal action against a sanitation company, police confirm what residents already suspected: that the intersection in question — replete with commercial vehicles violating safety rules — is hazardous to drivers.

Irene Novak, who lives on nearby Orchard Drive said the intersection is dangerous but "I don't know what they could do about the garbage trucks because of the dump right there."

Both Huntington and Smithtown trucks bring collected refuse for incineration at the 99 Town Line Road facility, which is a few hundred yards from the crossroads where a Jet Sanitation truck overturned June 29, killing 56-year-old Fort Salonga resident Deborah Shavalier.

Robert Moore, who was driving the Jet Sanitation truck that flipped over crushing Shavalier's vehicle, was treated for minor injuries in the crash. He claimed his brakes had failed, which a police inspection of the truck confirmed.


After the tragedy, Suffolk County Police Department's Motor Carrier Safety section assigned extra units to enforce commercial vehicle safety regulations in the area. Monitoring the crossroads for six days between July 2 and Aug. 13 yielded 64 traffic summonses, cops say. Of the 32 commercial vehicles inspected, 21 presented highway safety hazards to the public and were taken out of service.

Safety inspections also conducted since January along Bread and Cheese Hollow Road in Commack, East Northport and Fort Salonga resulted in 225 summonses to owners or operators of more than 115 commercial vehicles. A spokesperson for Suffolk County police said the citations were typically given for bad brakes or loose materials.

To date, no charges have been filed against Jet Sanitation, according to the Central Islip-based company's general manager, Fred Redavid.

In his 37 years with the company, there had been no accidents involving Jet Sanitation trucks until the June 29 incident, Redavid said, noting that the company's fleet of 35 trucks is routinely inspected. "I have a fleet maintenance supervisor here," Redavid said. "He's licensed to do that, to take care of the vehicles. And he does an excellent job at inspecting all of the Jet Sanitation vehicles. Excellent."

Yet Shavalier's widower, David James, maintains that the tragedy was senseless. His attorney Christopher McGrath of Mineola said he filed notices of claim against the municipalities where the accident took place.

McGrath said, "We're waiting for the investigation to be completed by Suffolk County and for the vehicle to be released and inspected by us. We're told that should happen and a decision will be made by district attorney whether or not to prosecute."

Regardless of what the district attorney decides, once the investigation is over, McGrath vowed to commence a civil lawsuit.

James said, "I want to make sure the truth comes out. I'm very concerned about public safety. And as far as I'm concerned, there's no reason my wife should be dead. … In this day and age — modern technology — people should be able to maintain brakes ... It's a public safety issue ... and it's totally unacceptable that these trucks have these kind of problems. Totally unacceptable."

 

[Speedpup]

Posted on Thursday, 11 of March , 2010 at 7:42 pm

SUFFOLK COUNTY—-Jet Sanitation Services Corp. of Islandia and a driver for the company have been indicted for criminally negligent homicide for a collision last June that killed a 56-year-old Fort Salonga woman.

Deborah Shavalier was parked at a stoplight at Pulaski Road and Bread and Cheese Hollow Road in Fort Salonga around 8:30 a.m. on June 29 when the Jet Sanitation garbage truck overturned onto her Honda Civic. The driver, Robert Moore of Ridge, told police that his brakes failed as he approached the intersection.

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District Attorney Thomas Spota said the investigation into the cause of the accident found evidence that the truck had only two properly maintained brakes at the time of the crash.

“Instead of replacing parts on the truck’s braking system as required, Jet Sanitation merely made adjustments and put this vehicle back on the road”, Spota said.

Jet Sanitation, the district attorney noted, was cited 28 times for brake and weight violations over a six-month period in 2009.

The investigation also found, DA Spota said, that Moore failed to engage the “tag” or extra axle on the garbage truck. “Tests by the Motor Carrier Safety Section show that not using the extra axle contributed to the truck failing to stop before reaching the intersection,” Spota said.

The indictment charges both Jet Sanitation and Robert Moore with criminally negligent homicide. The company and the driver are charged separately with failure to inspect, repair and maintain the 2008 Mack garbage truck as well as charges related to brake performance.

Additionally, Jet Sanitation is charged with four counts of brake out of adjustment, and two counts of operating in excess of legal weight. 3-11-10

 

[Speedpup]

video link http://www.wpix.com/news/local/wpix-garbage-truck-accident,0,2040016.story

 

[CM1995]

The video Speedpup posted has a little more info in the article:

The truck driver told police his brakes failed, and to avoid going through this intersection, decided to make a quick turn on to Bread and Cheese Hollow Road.

Now if he couldn't stop in enough time to not go through the intersection, then what the hell did the driver think was going to happen with that "quick turn", other than a roll-over. Second, if he was not intending to turn at the intersection, why didn't he have his lift axle down? So far none of the articles posted have reported his suspected speed and the speed limit on the road he was traveling.

From the article by Arlene Gross posted by Speedpup:

In his 37 years with the company, there had been no accidents involving Jet Sanitation trucks until the June 29 incident, Redavid said, noting that the company's fleet of 35 trucks is routinely inspected. "I have a fleet maintenance supervisor here," Redavid said. "He's licensed to do that, to take care of the vehicles. And he does an excellent job at inspecting all of the Jet Sanitation vehicles. Excellent

No accidents in 37 years speaks highly of the their drivers and maintenance staff.

 

[Steve Frazier]

I want to caution everyone about speculating too much on this case. None of us were there to see this happen, we only have news accounts informing us of what may have happened. I've been involved in emergency services for over 30 years, and I can tell you firsthand that reporters rarely get the facts of an event correct.

I've also been in 3 run away trucks in my driving career and was fortunate to have them result in no more than needing a change of shorts. Your mind races wildly when you realize you can't stop the truck you are in and you start looking for a solution. Had I been this driver approaching the intersection and seen cross traffic, I'd probably have attempted to turn to the side road as well. I'd be more willing to risk a roll over than to T-bone a family crossing the intersection. It's unfortunate that the woman's car was there to be rolled upon, but we don't know that several other lives may have been spared by this driver's actions. I'm sure he is devastated over what has happened.

 

[Speedpup]

I cannot imagine being the driver and seeing that.

 

[412neal]

The tag axle being up bothered me when I first read it I agree with cm1995 , I was suppose to put an access road into a cell tower today and got cancelled after a two hour delay , I have a 2 mile 12% grade to come down and hauling an excavator, I took my city truck w/o an engine brake , ths story crossed my mind several times down that hill

 

[June292009]

I want to caution everyone about speculating too much on this case. None of us were there to see this happen, we only have news accounts informing us of what may have happened. I've been involved in emergency services for over 30 years, and I can tell you firsthand that reporters rarely get the facts of an event correct.

I've also been in 3 run away trucks in my driving career and was fortunate to have them result in no more than needing a change of shorts. Your mind races wildly when you realize you can't stop the truck you are in and you start looking for a solution. Had I been this driver approaching the intersection and seen cross traffic, I'd probably have attempted to turn to the side road as well. I'd be more willing to risk a roll over than to T-bone a family crossing the intersection. It's unfortunate that the woman's car was there to be rolled upon, but we don't know that several other lives may have been spared by this driver's actions. I'm sure he is devastated over what has happened.

I understand the want to caution any accusations that have been made on here. The truth is that no one will ever know exactly what happened that day, not even the driver himself. As humans, we all make mistakes. There is human error. But this is certain. The loss of Deborah has been devastating on us. There is no way to get her back. The driver made an error, whatever it may be, he made a critical error, and for that, he took the life of another person. He avoided traffic enough to make that turn.

We don't know what would have happened if he chose differently. But we do know the outcome of what he did choose. He took away a wife, a mother and a friend to all of us. He stripped us of one of the kindest souls to ever grace this earth. There is a hole so deep, we cannot even fathom repairing it. She was taken away the day after her son's graduation, what is supposed to be one of the happiest times in life, vanished.

Please watch wording, and think about what has been lost compared to what could have been instead. "I can tell you first hand" about the devastation this has caused. It is more than "unfortunate" that her "car was there to be rolled upon." Her car was there to turn, to make it to work that morning. His was loaded over 20,000lbs over capacity and his choices ultimately lead to this. It may be unfortunate for the driver and for Jet, but this is truth.

 

[tonka]

June292009, sorry for your loss, but why should we worry about wording this is a forum and a free country last i heard...now i wouldn't say anything derogatory to you or the lady or the guy in the packer truck, but when you come here and tell me to watch what i say in a public forum.... it makes me a little mad you joined here just to tell us this....