Antonio Gaspar, 38, died of serious personal injury after the bin of a dump truck he had driven to the Miramar Landfill in San Diego fell on him crushing him against the frame of the vehicle. According to a 10news report, Gaspar suffered fatal injuries at the waste processing yard in the 5100 block of Convoy Street the morning of September 29, 2009. Gaspar had just dumped his load of refuse from the modified Dodge 3500 truck when the mechanism used to tilt the rear bin got stuck. Gaspar worked under the container and tried to fix the problem, when the bin suddenly fell on top of him. Many of the landfill workers nearby, apparently managed to lift the bin off Gaspar, but were unsuccessful when they tried to resuscitate him.
I offer my deepest condolences to the family and friends of Antonio Gaspar for their tragic loss. My heart also goes out to the employees of the landfill who saw this horrific accident. Please keep them in your prayers.
California Job Injury Statistics
According to the California Department of Occupational Safety and Health’s (CAL/OSHA) industrial accident statistics for 2005, 76 workers died that year from contact with equipment and machinery. Totally, 253 deaths relating to industrial accidents were reported in California in the year 2005.
I trust safety officials are looking into what caused this tragic workplace accident. The news report states Gaspar may have disconnected the hydraulic lines connected to the truck’s bin-tilting mechanism just before the accident occurred.
The news article does not state who Gaspar was working for at the time or for another employer. In such workplace accident cases, there are many factors that come into play. First, was Gaspar well trained to do the job he was performing at the time? Were all required safety procedures being followed? Was he being supervised at the time? Based on this news account it seems there was a mechanical malfunction or product defect in the equipment he was working with. If I were a family member of this accident victim I’d want to know if that defect was due to improper maintenance of the equipment or even a lack of regular maintenance. This victim’s family deserves to know what exactly happened in this work place accident and if there was any negligence on the part of someone other than the Gaspar.
An Experienced Injury Lawyer Can Help
Gaspar’s family may be entitled to California workers compensation benefits, but these benefits are woefully inadequate where workers have suffered lifelong disabilities or in cases where families have lost their primary wage earner. In such cases, there may be the possibility for filing a third-party claim, which is usually filed against a party other than the employer. This could be a contractor, a sub-contractor or the manufacturer of a defective product.
Injury victims and their families would be well-advised to consult with an experienced California personal injury lawyer well-versed in handling product liability cases, who will stay on their side and fight for their rights. In this case, the equipment Gaspar was using must be preserved in its current condition so an expert can examine it thoroughly for evidence of product defects, malfunction or lack of maintenance. The best personal injury law firms will always provide a free and comprehensive consultation to injury victims and their families.
The Bisnar Chase Personal Injury Attorneys is not representing any of the parties mentioned in this article at the time the article was posted. Our information source is cited in the article. If you were involved in this incident or a similar incident and have questions as to your rights and options, call us or another reputable law firm. Do not act solely upon the information provided herein. Get a consultation. The best law firms will provide a free consultation. We provide a free, confidential consultation to not at fault persons named in this article. The free consultation offer extends to family members as well.