The family of a 4-year old child who was struck by a San Diego Gas & Electric (SDG&E) work truck has filed a lawsuit, claiming that the driver of the truck was using his cellphone at the time of the accident. The 4-year old was one of two children injured in the accident, which killed the mother of one of the children.

The family of a child struck by a work truck has filed suit, claiming the driver was using his cellphone at the time of the accident.

Accident Details On January 22, 2014, Jaslene Arias was walking in a crosswalk on Cottonwood Street in San Diego with another child and that child’s mother, Ana Herrera Rodriguez. An SDG&E truck driven by John Lewis struck them; Rodriguez was killed and both girls were severely injured. Court documents indicate that Arias has been unable to walk since the accident and has serious ligament damage. Police cited Lewis, claiming that the accident was caused by inattention, but did not give further details regarding the investigation. Cell Phone Policy The lawsuit alleges that, not only was the driver negligent for using his cellphone while driving, but that SDG&E was negligent for not enforcing its policy that forbids employees to use cellphones when they are driving. In addition, California state law prohibits drivers from using handheld cellphones while operating a motor vehicle. According to documents, Lewis had been employed by SDG&E for approximately 10 years. Wake-Up Call The family says they hope the lawsuit will be a “wake-up call” to corporations that policies regarding cellphone use while driving need to be strictly enforced. They also hope that companies that do not have such policies will implement them to protect both their employees and others who are sharing the road with them. When the negligence of another person is suspected as the cause or contributing factor in a car accident that causes injury or death, a wrongful death claim may be in order. Contact Dallas-Fort Worth lawyers at Frenkel & Frenkel to schedule a free initial consultation regarding an auto accident where injuries may have been caused or worsened by someone else’s negligence.

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