Peoria, AZ — November 13, 2017, Arturo Perez was killed as the result of an accident in which he was pinned by two dump trucks.
According to preliminary details released by the Peoria Police Department, the fatal incident happened in the morning hours of Monday off the intersection of 75th Avenue and Butler Drive.
Officials stated that there were two dump trucks in a lot, one of which was unoccupied and the other with a driver in the cab. One of trucks then rolled backward into the other one, pinning 50-year-old Perez, who was between the trucks at the time.
The trucks were moved, and witnesses began CPR while waiting for EMS to arrive. Perez was taken to a hospital in critical condition, but he later succumbed to his injuries.
At this time, authorities have yet to release additional details surrounding the accident.
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A lot of times when people see the words, “Fatal truck accident,” their immediate thought is there is going to be some big lawsuit by the victim or their family. The law surrounding a truck accident like this, however, might be a bit more complex than a typical traffic accident.
Since it appears this incident happened on a truck lot, then it’s possible that Mr. Perez was an employee of whatever company owned these trucks. If it so happens that the drivers responsible for this accident are Mr. Perez’s co-workers, then the law would treat this as any fatal work accident. For the most part, that means the family would likely only have recourse under the worker’s comp system, which has its own particular set of rules.
If, however, Mr. Perez was not a co-worker of the driver that caused this accident, then it’s entirely likely the family would have a wrongful death claim the same as any typical fatal truck accident. With that, however, comes all the complexities surrounding those kinds of accidents. Having a successful claim against a trucking company requires extensive, tangible evidence to prove what happened as well as the aid of an experienced professional to ensure the trucking company does not shirk their responsibility for the accident.
Whatever the case may be here, the law is incredibly complex in either scenario. There will need to be further investigations here to determine not only what caused this terrible incident but also what can be done for the family who has suffered an immeasurable loss.
–Grossman Law Offices