Construction Worker Mariano Antonio Died In San Jose Truck Accident At House On The 1200 Block of Lennon Way
SAN JOSE, CALIFORNIA (April 5, 2022) – A construction worker identified as Mariano Antonio has tragically died in a San Jose car accident with a box truck hauling lumber at a house on Lennon Way.
Santa Clara County police officials are saying that the accident took place around 7:59 a.m. on Thursday. They have also released the identity of the victim after his next of kin was notified. A truck bringing lumber to a home was backing up when it struck a 2014 BMW and then hit Mariano Perez Antonio.
Firefighters and paramedics were called to the scene of the collision in order to help Mariano Antonio. The construction worker was taken to the hospital with major injuries.
Despite life-saving measures, the victim died due to the severity of their injuries. A full investigation into the accident that killed Mariano Antonio remains ongoing at this time.
Liability In Santa Clara County Truck Accidents
Pedestrians are uniquely vulnerable in car accidents. They lack the protection of enclosed vehicles and are more likely to be overlooked. This is especially true with respect to commercial trucks. Commercial trucks have blind spots all around the vehicle. They are particularly pronounced on the sides and back of a truck. There are a number of steps that can be taken in order to reduce pedestrian accidents in worksites.
- All workers should maintain good communication with one another.
- All workers should be adequately trained in safety procedures.
- Commercial trucks should be equipped with back up cameras.
- Truck drivers should check what’s behind them before backing up.
The family of any worker that is killed on the job will typically have recourse through a worker’s compensation claim. California’s system of worker’s compensation is a no fault insurance scheme. In other words, neither an injured worker nor their family needs to demonstrate that one party is at fault in order for them to receive benefits. An injured worker or their family should file an Application for Adjudication of Claim after an accident. Depending on the facts of any case, the family of a deceased worker may have legal recourse through a third party liability claim.
A third party liability claim may be possible when an entity separate from a worker’s employer was responsible for an accident. By law, worker’s cannot file civil claims against the companies that they work for. But they can file a third party claim against a company that they are not employed by. Construction sites are typically a blend of many companies that must work together. A source of third party liability could be the employer of a truck delivering materials.
Most truck drivers will need to get a commercial driver’s license (CDL) and are held to a high standard in terms of safety. There is simply no reason that a truck driver should ever back into another worker. Pursuant to California Vehicle Code 21954, the driver of any motor vehicle shall exercise all due care to avoid hitting any pedestrian upon a roadway. Back up collisions are nearly always due to drivers that fail to check their blind spots before backing up. If a driver genuinely can’t see what is behind them, they should get out of their vehicle to check. There are many steps that should be taken after any accident.
- Surveillance footage should be sought.
- Medical records should be preserved.
- The employment status of the at fault driver should be determined.
- Photos of the accident site should be taken.
The family of any victim that died in a San Jose truck accident may have legal recourse through California Code of Civil Procedure 377.60. Damages in a civil claim can help cover lost wages, medical bills and pain and suffering. If the victim survived for some period of time after an accident, their family may also be able to pursue a survival action. Sadly, though, truck companies will often fight hard to deny any responsibility for the death of a worker. A wrongful death attorney can examine all of the facts of your case and let you know what your legal options are.
Investigating A Santa Clara County Truck Accident
We at TorkLaw extend our deepest condolences to the family of Mariano Perez Antonio who died in this truck accident. Any person that may have more information about what happened should reach out to OSHA. There needs to be a thorough investigation for the sake of all who have lost so much. It is our sincere hope that steps are taken to prevent other tragedies like this.
Do you need more information about a San Jose pedestrian accident? Our team of worker 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. Se habla español.
