Juan Tejada, 54, was killed in a California construction accident the afternoon of July 14, 2009 after his pickup truck was struck by an Amtrak train in Bay Point. According to a CBS News report, Tejada was an employee of the ARB construction company in Pittsburgh. The train versus car crash occurred near North Broadway Avenue and Willow Pass Road in unincorporated Contra Costa County, California Highway Patrol officials said. The collision happened at a private crossing on BNSF railway tracks. No one in the train was injured. Tejada was taken to a local hospital where he was pronounced dead.
Officials from the California Division of Occupational Safety and Health are investigating the incident. They will be looking into what caused Tejada's truck to be hit and will try to determine whether any safety procedures were violated. The investigation could apparently take three to four months.
My heart goes out to the family and friends of Juan Tejada for their tragic and heartbreaking loss. I offer my deepest condolences to them. Please keep the Tejada family in your prayers.
According to accident statistics posted by the California Division of Occupational Safety and Health (DOSH), there were 186 industrial accident fatalities involving vehicles in 2005, in the state.
Based on this news report, it is not clear how or why this train-car collision occurred. There are many questions that remain unanswered at this point. What type of work was Tejada doing near the tracks at the time? Was the train crossing equipped with crossing arms, lights or other safety features? Did Tejada receive sufficient warning that an Amtrak train was approaching? The answers to these questions will help determine who or what was responsible for this tragic fatal accident.
Tejada's family would be well advised to contact an experienced California personal injury lawyer who is not only well-versed in workers compensation issues, but also has a successful track record with filing "third-party claims." These are basically claims against entities that are not the victim's employer, but other parties that could be held liable for his injuries. In this case that third party could be Amtrak. Of course, Tejada's family would be entitled to California workers compensation benefits, but they are woefully inadequate and hardly sufficient to compensate families for the loss of a primary breadwinner, not to mention, a beloved family member.
SLS Consulting