Understandably, a truck accident can have devastating consequences. The sheer weight and size of these often massive vehicles is no match for pedestrians and even the occupants of smaller vehicles. Recently, an elderly woman lost her life in a horrific truck accident in the Lincoln Heights section of Los Angeles.
According to a statement released by Los Angeles police, the 87-year-old victim had been standing on the corner of Avenue 22 and Broadway in the late morning of a Monday in the latter part of July. A garbage truck struck her. The driver of the truck apparently did not realize that he hit her until he was flagged down by a witness. The victim died at the site of the collision. Law enforcement authorities now have the responsibility to determine exactly what occurred, and the official investigation was reportedly ongoing.
It remains to be seen what the results of the inquiry will be. The surviving family members of the victim will surely follow the progress as they go about making final arrangements and struggle to come to terms with the shocking and seemingly senseless tragedy. As they do so, they retain the right to pursue a wrongful death lawsuit against the truck driver and his employer.
A wrongful death claim is appropriate under California law when someone is killed due to the negligent or reckless conduct of another party. In this truck accident, a claim of negligence may be based upon the fact that all motorists in Los Angeles and throughout the state are required to exercise a degree of reasonable care to others in or near the roadway. The results of the official investigation may be helpful in any attempt to establish liability. Moreover, if criminal charges are brought against the driver and a conviction secured, proof of that may go along ways toward establishing negligence in a related civil proceeding for monetary damages.
Source: abclocal.go.com, "Trash truck hits, kills 87-year-old woman in LA's Lincoln Heights," July 23, 2013