Ismael Martinez-Huertas Riverbank: Ismael Martinez-Huertas From Modesto Killled In Riverbank Garbage Truck Accident Along Homewood Way –> Support The Family of The Victim Through Go Fund Me
RIVERBANK, CALIFORNIA (August 27, 2019) – A Gilton sanitation worker identified as Ismael Martinez-Huertas has died in a garbage truck accident after being crushed by a hydraulic lift.
Riverbank police are saying that the accident took place on Monday morning on the block of Homewood Way. Authorities are saying that Ismael Martinez-Huertas was working on the side of the truck when the hydraulic system pinned him to the garbage truck.
A bystander saw what happened and called 911. Paramedics rushed to the scene in order to help the victim. Despite life-saving measures Ismael Martinez-Huertas later died due to his injuries.
Alcira Vega is the wife of the victim and said that Ismael Martinez-Huertas complained to managers about his truck. He said that something was wrong with the sensors on the truck.
Cal/OSHA has fined Gilton sanitation twice in the past three years for work-related fall accidents resulting in injuries. The exact cause of the Riverbank garbage truck accident remains unknown at this time.
Gilton Solid Waste Management has not commented about the accident at this time.
Liability In Garbage Truck Accidents
All companies have a legal responsibility to take measures to help keep workers safe. This includes providing employees with necessary safety equipment and training. In the event of an accident, employers are required to help victims or their families with benefits. According to the California Department of Industrial Relations Workers Compensation Guidebook, “If you get hurt on the job, your employer is required by law to pay for workers’ compensation benefits.” Benefits can help cover:
- Funeral expenses
- Lost wages
- Medical bills
- Death benefits
The family of a deceased worker should report the loss. They must then file a “application for adjudication of claim” with the Workers’ Compensation Appeals Board (WCAB). What many workers and their families may not realize is that the worker’s compensation system may not be their only resource after an accident. If an entity separate from a worker’s employer was responsible for an accident they may be held liable. For example, if the hydraulic arm on a garbage truck malfunctioned the manufacturer of the garbage truck could be held liable. A hydraulic arm could malfunction due to:
- Fluid contamination
- Poor hydraulic fluid viscosity
The family of any victim that died in a garbage truck accident may have legal recourse through California Code of Civil Procedure 377.60. Damages in a civil claim can further help with lost wages, funeral expenses as well as pain and suffering. It’s important that evidence is preserved after an accident. There are are also very strict statute of limitations associated with filing a claim. A truck accident attorney can investigate your case free of cost and get to the bottom of what happened.
Investigating A Garbage Truck Accident
We at West Coast Trial Lawyers extend our deepest condolences to the family of Ismael Martinez-Huertas. Any person that may have seen what happened should reach out to the Riverbank Police Department. The family of the victim deserve answers about what happened. It is our sincere hope that measures are put in place to prevent accidents like this in the future. Safety should never be an afterthought for any company.
Have you or someone that you care about been involved in a garbage truck accident? There are a number of laws designed to protect your rights. Our team of personal injury attorneys are here to answer any questions that you may have. We are committed to making sure that accident victims are aware of their rights and that those rights are being protected. Whether you need a free, independent investigation into an accident or just have questions about the law we are here for you. You can reach out to us anytime at (888) 888-9285.