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SAN JOSE: Richard Bartolo Killed In Truck Accident After Driver Fell Asleep On Highway 101 Near McKee Road

Jan 11, 2019

Richard Bartolo San Jose: 64-Year-Old Security Guard And Retired Police Officer Killed In Box Truck Accident After Man Driving Truck Fell Asleep

SAN JOSE, CALIFORNIA (January 10, 2019) – One man identified as Richard Bartolo has died and another person was seriously injured when a box truck overturned on the Highway 101 in San Jose and hit a guardrail. 

California Highway Patrol are saying that a security guard driving the truck fell asleep not far from McKee Road thereby causing the crash. The box truck may have been carrying highly secretive material for Apple. 

Richard Bartolo was asleep in the back cabin as the truck overturned. He was a retired Irvine Police officer and current security guard for SIS Security. 

Both men had proper sleep/work logs indicating they had adequate rest. There is an ongoing investigation into the accident at this time. 

Liability In Truck Accidents

When a truck driver is injured or killed on the job in California, the worker or their family will typically have the ability to file a worker’s compensation claim. Generally speaking, employees are barred from filing a claim against their employer directly. But the family of a victim that died may be able to increase their recovery by filing a third party negligence claim. 

In short, a third party negligence claim  may be possible when an entity separate from a worker’s employer is responsible. There are many different forms of potential third party negligence in a truck accident. For example, a staffing company may be liable for negligent hiring and retention if they failed to pick up negative marks on a person’s driving record.  A guardrail manufacturer could be liable for an accident if it malfunctioned during a collision. A number of people are killed or seriously injured every year after their vehicles are speared by defective guardrails. 

 Investigating A Fatal Truck Accident 

We at West Coast Trial Lawyers extend our deepest condolences to the family of Richard Bartolo. There needs to be a thorough investigation into what happened. Employers have been known to push workers past their limits and past what is safe. It’s important to make sure that isn’t what happened in this situation. Anyone with knowledge about the accident should reach out to the San Jose police department. 

If someone that you love has died in a truck accident you may have legal recourse. You are able to seek justice under California’s Code of Civil Procedure 377.60. Our team of highly experienced personal injury attorneys are here to answer any questions you have about your rights. Whether you need a free investigation into your case or you have legal questions we are here to help. You’re always welcome to reach out to us anytime at (888) 888-9285.

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