A “catastrophic vehicle collision” between a garbage truck and a passenger vehicle in February near Benson sent one driver to a trauma hospital via a helicopter but did not result in criminal charges or traffic citations against either driver, even though the garbage truck driver admitted fleeing the scene.
Details of the accident became public Aug. 10 when Joseph Smith filed a lawsuit in Cochise County Superior Court against San Pedro Valley Sanitation (SPVS) for injuries he claims were sustained Feb. 27 when his Toyota Tundra ran into the back of a SPVS garbage truck. The lawsuit also names SPVS LLC owner Jeffrey Christensen and driver Jose Dolores De La Cruz as defendants.
According to Smith’s civil complaint, De La Cruz is to blame for the collision by operating in “an illegal and reckless manner.” The lawsuit also alleges SPVS employed De La Cruz in violation of Arizona motor vehicle laws and federal regulations.
Smith seeks damages of more than $300,000 for past and future medical expenses, as well as psychological and permanent physical injuries. He is also seeking punitive damages due to De La Cruz’s failure to remain at the scene which resulted “in spoliation of evidence.”
The official incident report by Sgt. John Gjerde of the Cochise County Sheriff’s Office (CCSO) notes De La Cruz was driving a route along southbound Ocotillo Road when he stopped to pick up a trash can. The can was situated near the white shoulder line, forcing De La Cruz to stop the SPVS truck partially in the roadway.
That’s apparently when Smith drove into the garbage truck, sustaining serious injuries.
There were no eyewitnesses to the actual collision which heavily damaged the Toyota. Emergency responders arrived to find Smith still inside his vehicle being attended to by passersby.
“There were no skid marks, pre-collision or post collision from the Toyota or the garbage truck,” Gjerde wrote, adding that the Toyota’s airbags deployed and its steering column was damaged. “Due to (Smith’s) injuries it is unknown what he saw or did not see and why he ran into the back of the truck.”
Later that day, Gjerde went to the SPVS yard where he found a garbage truck with “obvious” damage. No one was present but the sergeant eventually met with Christensen, who identified De La Cruz as the driver.
While at the yard, Gjerde tested the truck’s brake lights and flashers which appeared to work properly despite damage from the collision.
Gjerde then met with De La Cruz with the assistance of an interpreter. De La Cruz presented a Mexican driver’s license and stated he did not possess an Arizona license. He also stated he had never been in involved in an accident like this and drove away from the scene because he “panicked.”
What Gjerde’s report does not mention is whether anyone from CCSO spoke with Smith in the days after the accident. It also makes no mention of Smith’s probable speed at the time of the collision nor whether Smith may have been distracted at the time of the accident.
In early March the CCSO case filed was referred to the Cochise County Attorney’s Office for consideration of a felony charge against De La Cruz for leaving the scene of an injury accident. Several weeks later Gjerde updated his report to note De La Cruz would not be prosecuted.
“The suspect [De La Cruz] did not cause the accident or the injuries,” deputy county attorney Doyle Johnstun advised Gjerde on May 4. “More importantly, other people were nearby and rendered assistance to the injured man pretty much as quickly as (De La Cruz) could have done so. Therefore, medical assistance to the driver of the other vehicle was not delayed by the suspect’s fleeing.”
Johnstun advised Gjerde to retain the all case evidence in the event it was needed for a civil lawsuit. At that point Gjerde noted he was closing the case.
But Arizona Daily Independent has learned from Lori Zucco, who is the chief deputy county attorney of the criminal division, that declining to prosecute De La Cruz for a felony did not preclude CCSO from issuing citations against one or both drivers for any apparent traffic violations.
No such citations were filed with the Benson Justice Court, which could impact the success of Smith’s lawsuit.
Smith is represented by M. David Karnas, a Tucson-based personal injury attorney. The defendants will have 20 days to file an answer to the lawsuit once they are formally served.
