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An out-of-state woman is tragically dead following an accident involving a dump truck on the morning of Feb. 12, according to local sources. The woman, who was in New York for the North American International Toy Fair, was killed when she was hit by a dump truck while crossing a street. So far, no charges have been filed pertaining to the fatal accident.

According to the police report, the 48-year-old woman was crossing 11th Avenue around 10:00 a.m. when a dump truck made a left turn onto the street. She was struck and pronounced dead at the scene by arriving medical personnel. Witnesses said the hood of her jacket may have prevented her from seeing the truck bearing down on her.

The 51-year-old driver of the dump truck was arrested by police on suspicion of failing to yield to a pedestrian, but it is unclear if formal charges have been filed at this time. Police were on the scene investigating for some time after the accident. No further information was available about the case as of this report.

If the driver is found to have failed to yield correctly, he may face criminal charges pertaining to the fatal accident. However, New York law also allows the woman’s family to file civil charges in the form of a wrongful death suit against the driver. While such a suit is not contingent upon a conviction or even a criminal charge being filed, some evidence that the driver contributed in a meaningful way to the accident would be required in order for damages to be awarded.

Source: dailycamera.com, “Boulder woman killed by dump truck in New York while attending toy fair“, Mitchell Byars, Feb. 15, 2016