Daniel Deleon Died In San Bernardino Trash Truck Accident By The intersection of University Parkway and Interstate 215
SAN BERNARDINO, CALIFORNIA (November 14, 20222) – A pedestrian identified as Daniel Deleon died in a San Bernardino garbage truck accident by University Parkway and I 215.
San Bernardino County police are saying that the accident took place around 5:52 a.m. on Wednesday. Daniel Deleon was crossing the roadway when they were hit by a garbage truck.
Paramedics were called to the scene of the collision in order to help the victim. Sadly, Daniel Deleon was pronounced dead at the scene.
The driver of the garbage truck remained at the scene and cooperated with police. A full investigation remains ongoing at this time.
Liability For San Bernardino Garbage Truck Accidents
Nearly 100 people are killed every year in garbage truck accidents and about 1,400 people are injured, according to the FMCSA. Garbage trucks owned by private companies tend to have a much worse safety record than those owned by cities and state municipalities. This was the finding of one investigation by ProPublica. In New York City, it was common for private garbage truck drivers to work 10 – 14 hour days six days per week. Consequently, many private trash truck drivers were not properly rested before the start of their shift.
- Private garbage truck companies have an incentive to push their workers as hard as possible so that they can make more money.
- Private garbage truck companies are less likely to abide by safety requirements.
- Private garbage truck drivers were more likely to break traffic laws.
Fatigue, in particular, is one of the main causes of truck accidents involving pedestrians. The Centers For Disease Control estimates that staying awake for only 17 hours reduced a person’s ability to drive safely equal to having a blood alcohol concentration (BAC) of 0.05%. Being awake for only 24 hours is similar to having a BAC of 0.08%. For comparison, it is illegal for commercial drivers to have a BAC of 0.04% or higher.
Garbage truck drivers will typically need to get a commercial license and are held to a high standard in terms of safety. Many pedestrian collisions are due to drivers that are not properly scanning the road ahead of them. Pursuant to California Vehicle Code 21950, the driver of any vehicle shall yield the right-of-way to any pedestrian that is crossing the roadway within any marked or unmarked crosswalk within an intersection.
If a garbage truck driver was working at the time of a collision, the company that they were working for could be held at fault. Generally speaking, companies are liable for the wrongful actions of their employees – insofar as those employees were working within the course and scope of their job duties. For example, a garbage truck driver may have been performing their rounds to collect trash when they hit a pedestrian. There are a number of steps that should be taken after any pedestrian collision.
- Eye witnesses should be interviewed.
- Medical records should be preserved.
- Surveillance footage should be sought.
- A thorough, independent investigation should be conducted.
The family of any person that is killed in a garbage truck accident may have legal recourse through a wrongful death claim. Damages in a civil claim can help cover many of the expenses that can come with the sudden loss of a loved one. Sadly, though, garbage truck companies will often fight hard to deny liability for any collision. This is why it is so important that all evidence is properly preserved after a crash.
Investigating A San Bernardino Garbage Truck Accident
We at TorkLaw extend our deepest condolences to the family of Daniel Deleon. Any person that may have more information about what happened should reach out to police. There needs to be a thorough investigation for the sake of the victim’s family. It is our sincere hope that measures are put in place to prevent other tragedies like this.
Do you need more information about a San Bernardino garbage truck accident? Our team of pedestrian safety advocates are here to answer any questions that you may have. We care deeply that accident victims are aware of their rights and that those rights are being protected. Whether you just have legal questions or need a free, independent investigation into an accident, we are here for you. You can reach out to us anytime at (888) 441-4991.
