Garbage Truck Runs Over Business Owner
Justin Mastry, owner of Mastry's Bar, died as a result of injuries suffered when a Republic Services garbage truck backed over him near his home. The driver of the garbage truck did not see Mastry crossing the road.
Section 316.1985, Florida Statutes explains the duties of a driver while in reverse below:
(1) The driver of a vehicle shall not back the same unless such movement can be made with safety and without interfering with other traffic.
(2) The driver of a vehicle shall not back the same upon any shoulder or roadway of any limited access facility.
"Other traffic" can presumably refer to pedestrian traffic. Garbage trucks such as the one involved in this accident should be equipped with backup cameras in addition to the loud siren that they have. Had this vehicle been equipped with a wide angle backup camera as many passenger cars on the roadway have today, then it is very likely that this accident never would have happened. What we don't know is whether Mastry tripped and was unable to get out of the way. There is some degree of negligence on the driver of this garbage truck and vicarious liability on the part of Republic Services, Inc. because the driver should have been aware that a person was near the truck when he put it in reverse. When a death is due, at least in part, from negligence in Florida, the death is considered a wrongful death. A jury may determine the extent to which the driver and Republic are legally responsible should a trial take place.
If you or someone you know has been injured in a Polk County, Florida truck accident, please contact a truck accident attorney in Polk County, Florida for a free consultation.
