The driver of the tractor-trailer that hit and severely injured a man on 81st Street and Amsterdam Avenue last week was cited for three infractions. He was operating a truck that was too long on a city street, had an oil leak, and had a malfunctioning dashboard indicator, according to Captain Timothy Malin, commanding officer of the 20th precinct. The man, who was considered “likely to die” after the crash, was still alive as of Monday night, Malin said.
Tractor-trailers that are 53 feet long or more are not allowed on city streets. They can only drive on specified highways in the city limits, as shown here.
But Malin said that the fact that the truck was operating on Amsterdam Avenue does not make it an “illegal truck” and does not mean that the driver is criminally liable for the crash.
“The truck should not have been operating on that street, but that does not make it an ‘illegal truck,’ because it was, in fact, properly registered and insured,” he wrote in an email to West Side Rag. “As for charging him with crime… Should he have been driving on that street? No. But does driving a truck on Amsterdam Avenue equate to the motorist having one of the culpable mental states necessary to charge a crime? No; especially when one considers that the pedestrian was intoxicated and did not have the light.”
The NYPD’s collision investigation squad is continuing to investigate. Police could still charge the driver in the crash; sometimes charges come weeks or months after the crash occurs.