Maria Montes (Full Name: Maria Mira Montes) Injured In Tolleson Dump Truck Accident By The Intersection of 91st Avenue and Van Buren Street
TOLLESON, ARIZONA (October 11, 2022) – A 75-year-old woman identified as Maria Montes was walking to church with a child when she was injured in a Tolleson dump truck accident by 91st Avenue and Van Buren Street.
Phoenix police officials are saying that the accident took place on Monday, October 10. Maria Mira Montes was crossing the street with a 2-year-old to go to church when she was hit by a dump truck in the crosswalk.
Paramedics were called to the scene of the accident in order to help the victim. Maria Montes was taken to the hospital with life-threatening injuries.
Police said that the child she was walking with was not hurt. A witness told authorities that the dump truck driver did not fully stop at the stop sign before hitting the victim.
Sadly, Maria Montes lost both of her legs following the accident. Police are investigating impairment as a possible factor in the crash.
The police Sgt. investigating the crash said that the dump truck driver may have been looking at maps or directions when the crash took place. Tolleson officials are asking for more witnesses to come forward
Liability For Tolleson Dump Truck Accidents
Dump trucks can be particularly dangerous to pedestrians and those in smaller vehicles. According to the Engineering News Record, “Serious accidents involving dump trucks and ready-mix concrete delivery trucks continue to edge up, part of a persistent, multi-industry problem with poor driving habits that has not yet responded to increased fleet and vehicle insurance premiums.” There are a number of factors that are believed to have contributed to the rise in dump truck accidents.
- Driver fatigue
- Driver distraction
- Inadequate vehicle maintenance
- Inadequate driver training
All drivers have a legal obligation to exercise due care in order to avoid hitting pedestrians. Commercial drivers must get a commercial license and are held to a high standard in terms of safety. Many pedestrian accidents are due to drivers that disobey traffic laws. Pursuant to Arizona Revised Statutes Title 28. Transportation § 28-855, the driver approaching a stop sign shall stop before entering the intersection. There is a rebuttable presumption of negligence on the part of any driver that hits a pedestrian after going through a stop sign without stopping.
It is illegal for any person to operate a motor vehicle under the influence of any alcohol or drugs. According to Arizona Revised Statutes Title 28. Transportation § 28-1381, no person shall drive a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. Commercial drivers must not operate a vehicle with a BAC of 0.04% or higher. What many people do not realize is that prescriptions and over-the-counter medications are also able to impair someone.
If a dump truck driver was working at the time of a collision, the company that they were working for could be held at fault. In general, 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 dump truck driver may have been delivering materials to a construction site when they hit a pedestrian. There are a number of steps that should be taken after any dump truck accident.
- Eye witnesses should be interviewed.
- Medical records should be preserved.
- Surveillance footage should be sought.
- Work records should be examined.
- An experienced dump truck accident attorney should be consulted.
Any person that is injured in a dump truck accident may have legal recourse through a bodily injury claim. Damages can help cover lost wages, medical bills and pain and suffering. Even if a person’s physical injuries completely heal, truck accident survivors tend to suffer long-term psychological trauma. A dump truck accident attorney can examine all of the unique facts of your case and let you know what your legal options are.
Investigating An Arizona Dump Truck Accident
We at TorkLaw extend our thoughts and prayers to Maria Montes as she continues to recover from this Tolleson dump truck accident. Any person that may have more information about what happened should reach out to police. This was a preventable collision that should not have taken place. There needs to be some accountability on the part of the dump truck driver that some are saying did not properly yield at the stop sign.
Have you or someone that you care about been injured in a dump truck accident? There are a number of laws designed to protect your rights. Our team of pedestrian safety advocates are here to help in any way that we can. We care deeply that accident victims get the medical and financial support that they need in order to recover. Whether you just have legal questions or need any type of support after any accident we are here for you. You can reach out to us anytime at (888) 441-4991. Se habla español.
