The estate of a child who was recently killed in a garbage truck crash has filed a wrongful death lawsuit against the truck’s driver and his employer.
Garbage Truck Crash
On April 13, 2017, at approximately 4:00 a.m., Luis Roman, a two-year-old from Brighton Park, was the passenger in a 2001 Acura operated by Giovanni Roman, 24. The vehicle was traveling northbound in the 6300 block of Harlem Avenue. A garbage truck heading southbound on Harlem Avenue, operated by John Washington and owned by Allied Waste Transportation, Republic Services, then attempted a left-hand turn onto 63rd Street, even though a sign that was posted at the intersection read “No Left Turn” for vehicles traveling southbound. Mr. Roman then crashed into the garbage truck. Luis was declared dead at the scene. Mr. Roman was taken to Maywood’s Loyola University Medical Center in critical condition. His unidentified 23-year-old female passenger was also severely injured.
Mr. Washington was reportedly not injured.
Mr. Roman, who was driving under the influence of alcohol and drugs at the time of the crash, was charged by police with one count of reckless homicide, two counts of aggravated DUI in an accident causing death, and two counts of aggravated DUI in an accident causing bodily harm. Mr. Roman was held in Cook County Jail until he was released on a $250,000.00 bond.
Juana Salgado, an independent representative for the estate of Luis Roman, filed a two-count Wrongful Death Act lawsuit in Cook County Circuit Court against Mr. Anderson and Allied Waste Transportation, Republic Services, Inc.
Wrongful Death Act
The Illinois Wrongful Death Act holds that “Whenever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person who or company or corporation which would have been liable if death had not ensued, shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to felony.” That is, a person or persons whose negligent actions result in a person’s death may be pursued for financial damages in Illinois.
Breach of Duty
In bringing a lawsuit against Mr. Washington and Allied Waste Transportation, Republic Services, Luis’s estate representative alleged that Mr. Washington breached his duty to drive the garbage truck in a safe and reasonable manner consistent with traffic laws by making the left turn. As such, he and the company who empowered him to drive the garbage truck by employing him would be financially liable for Luis’s wrongful death stemming from the garbage truck crash.
The Wrongful Death Act lawsuit seeks more than $100,000.00 from Mr. Washington and his company.
Wrongful Death Litigation
In the event of a person being fatally injured due to the misconduct of another individual or as a result of a dangerous or defective product malfunctioning, the families and heirs of the deceased may be eligible to file a wrongful death lawsuit against those who may have been responsible for the death.
With more than 2 BILLION dollars having been successfully recovered by our attorneys for our clients, the wrongful death lawyers at GWC Injury Lawyers can provide the experience and determination to fight for the justice that you deserve.
If your loved one has suffered a wrongful death or been injured, please contact GWC for a free legal consultation to see if you may be eligible for financial compensation. Call us at (312) 464-1234 or click here to chat with one of our representatives today.