New York — October 26, 2023, a 7-year-old was killed due to an NYPD tow truck accident at around 7:45 a.m. along Myrtle Avenue.

Authorities said in preliminary statements on the accident that it happened in the Fort Greene area of Brooklyn at Myrtle Avenue and North Portland Avenue.

Initially, statements said that a 7-year-old was with his mother as they crossed the intersection in a crosswalk. At the same time, it appears an NYPD tow truck was turning through the intersection, and it somehow hit the 7-year-old. As a result, the 7-year-old was fatally injured.

Commentary by Attorney Michael Grossman

In some reports, witnesses state they believe the tow truck driver, reportedly a civilian NYPD employee, was "speeding" and "on her cell phone." If all of that is true, then I have to wonder what more there could be to the story reports aren't saying.

I often feel some reporters are somewhat sleeping on the job when it comes to serious accidents like this. I've litigated tons of truck accident cases involving drivers who were on their cell phone, and there can be a huge difference in how serious people find the offense depending on what exactly the driver was doing on their phone.

For example, I've had cases with drivers simply talking on the phone. That's certainly not ideal, but it's not the worst mistake a driver could make. Other times, the driver is texting someone. That's usually seen as a lot more serious of a mistake. Then there are some situations I've handled where a truck driver was watching TV shows, YouTube, and even pornography while driving. That sort of behavior is just beyond the pale.

So with that in mind, when a reporter simply says that a driver was seen "on their phone," there's likely a lot more to the story. We can't know exactly how reckless this driver may have been until it's clear why they were allegedly on their phone.