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On behalf of The Law Offices of Howard Craig Kornberg posted in Wrongful death
A terrible collision with a garbage truck has cost the life of an 8-year-old Orange county boy. The incident shows what can happen in seemingly the blink of an eye.
According to the O.C. Register, the collision took place in a residential neighborhood in Newport Beach the afternoon of May 25. There were no witnesses and details remain unclear, but somehow the garbage truck struck and killed the boy while he was either riding his bicycle or pushing his bike while on foot.
This tragedy is under investigation by the California Highway Patrol, because it involved a commercial vehicle. The garbage truck driver is reportedly cooperating with authorities. Troopers apparently do not suspect that he was speeding or driving while impaired, and they did not cite him for anything at the scene.
A woman who knew the victim called him “a wonderful boy and gifted athlete” and said “his family is devastated.”
It is important to remember that a motorist need not be convicted of a crime to be found negligently responsible for a person’s injuries in civil court. The burden of proof for personal injury plaintiffs is generally lower than for prosecutors in criminal court, so many times, a defendant will not face criminal charges, yet be found liable for the same behavior.
The death of a loved one is devastating for the victim’s family. Especially when the death would not have happened, except for someone else’s negligence. Often, the only way to get justice is to pursue a wrongful death claim against the responsible individuals or entities.