Worker Killed While Unloading Car Hauler
A worker from Southwest Miami-Dade was killed while unloading vehicles from a car hauler. According to the Broward Sheriff’s Office, the accident occurred on South Dixie Highway. The victim was 37-year-old Ivan Figueras-Pino of Miami, Florida. Figueras-Pino had pulled over his tractor trailer on the side of the highway, in order to unload a vehicle in the 400 block at around 11:30 a.m. The sheriff’s spokeswoman, Dani Moschella, reported that Figueras-Pino had put on his hazards and lowered the ramp on the car hauler, which had stopped on the side of the northbound lanes. Figueras-Pino had been inside the back of the truck, removing the chains off of a car on the top rack, when an approaching northbound driver failed to stop. The driver was Joshua Stein of Oakland Park, who was operating a 2015 Hyundai Accent. Stein drove his vehicle up the lowered ramp, crushing Figueras-Pino.
The Broward Sheriff’s Office traffic homicide detectives reported that it did not appear that Stein attempted to stop or swerve to avoid the car hauler before the collision. The Pompano Beach Fire Rescue transported Figueras-Pino to Broward Health North Hospital, where he was pronounced dead a short time later. Moschella reported that Stein was treated for minor injuries and released from Broward Health North. Traffic homicide detectives are investigating this incident.
In this case, it appears that Stein is responsible for the death of Figueras-Pino. Considering the crash happened in the morning, during daylight, involving a tractor-trailer with it’s hazards on, and the lack of attempt to stop or swerve out of the way, investigators should look into the causes of why Stein failed to stop or swerve out of the way. It is possible Stein was distracted by a cell phone, or other technology. Investigators should check the cell phone for signs of a text message being sent or facebook being checked by Stein at the time of the crash. It appears that the negligence of Stein is the reason Figueras-Pino is not alive today. Of the various types of motor vehicle injuries, commercial truck accidents are the most dangerous and deadly. If you have suffered the loss of a loved one in West Palm Beach due to the negligence, dangerous or reckless actions of another, it is advised that you seek legal council.
Due to the statute of limitations in Florida, the family of a wrongful death victim only has a certain period of time to file legal action against the responsible party. In most cases, a wrongful death claim or lawsuit must be filed within two years of the victim’s death. The deceased’s spouse, children, parents, siblings, and other blood relatives have the legal right to seek justice and pursue damages. Damages can include compensation for both financial and non-financial losses. Loss of income, loss of protection, emotional or mental pain and suffering, loss of companionship, and other losses must be taken into consideration when pursuing wrongful death claims. Under Florida law, when an individual dies due to negligence, Florida statute allows for provisions to be made to the direct survivors of the deceased.
Sources:
https://www.caseyshomolaw.com/practice-area/west-palm-beach-wrongful-death-attorney/
