Child Bicycle Accident Results in $2M Settlement




Child Bicycle Accident Results in $2M Settlement

The family of a Fresno boy who was trampled by a flatbed truck in a bicycle accident has settled with the truck owner and driver for more than $2 million.

The nine-year-old child, Cantrell Deon Dewayne Ellis, was killed while riding his bicycle through a residential area on his way to school.

“It’s a tough case when it involves losing a child,” said Warren Paboojian, the Ellis’ attorney. “But the company did the right thing.”

The truck driver, Brian Silveira, 28, was delivering drywall for Fresno-based Sierra Building Materials around 8:20 a.m. The truck was also carrying a 30,000 lb forklift on a trailer connected to its back.

As Silveira backed up, the truck struck the child, and dragged him for about 15 feet.

The boy died at the scene.

The lawyer claimed that Silveira was driving under the influence of alcohol, and was not properly trained to drive the truck. Paboojian also claims that Silveira should have, but did not ask his passenger to check to make sure there was no one behind the truck before backing up.

The suit also places some of the blame on Sierra Building Materials for not performing an adequate background check with the DMV before hiring Silveira.

Sierra Building’s attorney, Lowell Carruth said the settlement amount was fair.

“My clients are sorry,” he said. “They hope the resolution of the case will allow everyone to move on with their lives.”

Silvery’s blood alcohol level was very low, and could have been caused by the fermentation of food in his stomach, Carruth said.

Silveira pled no contest to misdemeanor vehicular manslaughter charges last month, and was sentenced to 90 days of supervised community service, and three years probation. He faced no alcohol-related charges. Silveira and Sierra Building Materials paid a total of $2,065,000 to the Ellis family as part of the settlement.

Harmed in a bicycle accident? If you or a loved one has been seriously injured or killed in a bicycle accident, you may be eligible to recover compensation for your suffering, medical expenses, and more. Please contact us today for a free consultation with an experienced personal injury attorney who can help you plan the best course of action.

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