The loss of a child is something no parent should have to go through. Unfortunately for one family, they lost their little boy in May of 2016 when eight-year-old Brock McCann died tragically while riding his bicycle when a garbage truck struck him. Now, the “trash hauler and one of its drivers are being sued by the” boys parents. Brock, of Newport Beach, was in third grade at the time of the accident and was actually on his way home from school when the CR&R Inc. trash truck struck him, causing massive injuries that took his life.

The accident itself occurred at the intersection of 15th Street and Michael Place in the city of Newport Beach, and according to the lawsuit, “CR&R is faulted for having trucks operating in an intersection within six blocks of three schools that were letting out—Newport Heights Elementary School, Ensign Intermediate School and Newport Harbor High School—and doing so after specifically being directed by the city to adjust trash pickup hours to avoid the clash of children and trucks.”

The lawsuit also called out the driver, Roberto Zermeno Pedroza, for allegedly only looking “to the left, and not to the right, as he drove through the crosswalk without stopping, thereby causing Brock McCann’s fatal injuries.”

CR&R Inc. Garbage Truck; Image Courtesy of YouTube, https://www.youtube.com/

The wrongful death lawsuit itself was filed “by Patrick and Bernardette McCann,” and together with their lawyer, Darren Aitken of Santa Ana-based Aitken Aitken Cohn is seeking “an unspecified amount in general damages, special damages, personal property damages, court costs and whatever else a court deems proper.” According to Aitken Aitken Cohn, Brock “was an experienced bicycle rider,” and claimed, “his parents taught him bike safety.”

As for Brock’s family, well, since his death they have been busy advocating for “concrete steps to protect the safety of children going to and from school, both as individuals and with the Safe Routes To Schools group.” They want to raise awareness so no other family has to go through what they did.

In a press release, Aitken Aitken Cohn spoke on behalf of the family and said:

“Without taking a look at the whole traffic situation and making monumental changes, this will happen again. It is just a matter of time. The purpose of this lawsuit is to prevent something like this from happening again.”

So how has the other side of the aisle responded to the accusations? Well, since the lawsuit was announced, “lawyers for CR&R Inc. could not be reached for comment.”

Sources:

Lawsuit Blames Newport Beach's Trash Hauler for 8-year-old Boy's Death

Parents of 8-year-old Newport Beach boy fatally struck by trash truck sue company, driver