William Evans Died In Berkeley Dump Truck Accident While Crossing Bancroft Way and Shattuck Avenue In A Wheelchair
BERKELEY, CALIFORNIA (November 3, 2022) – An elderly man in a wheelchair identified as William Evans was killed in a Berkeley dump truck accident by Bancroft Way and Shattuck Avenue.
Alameda County officials are saying that the accident took place around 4:30 p.m. on Thursday. William Evans was crossing the street in his wheelchair when he was hit and pinned by a dump truck.
Firefighters and paramedics were called to the scene of the collision in order to help the victim. Despite the best efforts of first responders, William Evans died as a result of his injuries.
Family and friends described him as a quiet soul who always treated others with kindness. A number of people gathered at the intersection in the days following the crash in order to protest.
They called on city officials to take actions to make Berkeley streets safer for pedestrians. A full investigation into the accident remains ongoing at this time.
Liability For Berkeley Dump Truck Accidents
Dump trucks can be particularly dangerous for pedestrians and those in passenger 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.” Pedestrians in wheelchairs have a naturally low profile and are much more likely to be overlooked. There are a number of steps that dump truck drivers should take to help keep pedestrians safe.
- Dump truck drivers should check their blind spots before turning.
- Dump truck drivers should continuously scan the road ahead of them for hazards.
- Dump truck drivers should abstain from alcohol and other intoxicating substances.
Dump truck drivers will typically need to get a commercial license and are held to a high standard in terms of safety. They must do everything that human care, vigilance and foresight can reasonably do to avoid collisions. Pursuant to California Vehicle code 21950, the driver of any vehicle shall yield the right of way to a pedestrian crossing a roadway within any unmarked crosswalk. If a dump truck driver fails to reduce their speed to avoid hitting a pedestrian, this could form the basis of a negligence claim.
Depending on the facts of any case, the company that a dump truck driver worked for could be held at fault for a collision. 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 dump truck driver may have been transporting materials to a construction site. There are a number of steps that should be taken after any dump truck accident.
- Surveillance footage should be sought.
- The employment status of the truck driver should be determined.
- Eye witnesses should be interviewed.
- An independent investigation should be conducted.
The family of any pedestrian that is killed in a dump truck accident may have legal recourse through a wrongful death claim. Damages in a civil claim can help cover lost wages, medical bills and pain and suffering. Potential beneficiaries in a civil claim will typically include a victim’s spouse and dependent children. Sadly, though, truck companies will often fight extremely hard to deny liability for any accident. A wrongful death attorney can examine all of the facts of your case and let you know what your legal options are.
Investigating A Berkeley Dump Truck Accident
We at TorkLaw extend our deepest condolences to the family of William Evans. Any person that may have more information about what happened should reach out to Berkeley police officers. It is our sincere hope that city officials will take action to make this intersection safer.
Have you or someone that you care about been harmed due to the negligence of a dump truck driver? There are a number of laws designed to protect your rights. 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 any accident, we are here for you. You can reach out to us anytime at (888) 441-4991.
