There was apparently a fatal accident this morning involving a Republic Services trash truck that struck an older woman who was collecting cans, according to a reader at the Neighbors of Santa Ana Facebook page.
The incident happened at Shelton and Bishop.
The SAPD closed off the streets around the accident as they are conducting an investigation.
Reportedly the victim was pinned by the truck. This may mean the truck backed up and pinned the victim between the truck and a vehicle.
The City of Santa Ana has an exclusive franchise agreement with Republic Services for trash and recycling collection. This means recyclables placed in city-issued bins are considered property of the contracted hauler once discarded. Removing items from these bins can violate local ordinances or franchise agreements, even if the bin is at the curb for pickup.
Generally, if a recycling bin is on public property (like the curb), there’s less expectation of privacy, and in many jurisdictions, it’s not explicitly illegal to take items. However, local laws may still prohibit scavenging because it interferes with municipal recycling programs or contracted services.
State recycling laws (e.g., AB 341) mandate recycling participation but leave enforcement and specific rules—such as prohibiting removal of recyclables—to local governments. Many cities treat recyclables as city property once placed in bins, making unauthorized removal a potential violation.
In Santa Ana, it’s likely not legal to take cans from residential recycling bins because of the city’s exclusive contract with Republic Services. Doing so could be considered theft of city or contractor property. If you want to collect cans legally, you’d need permission from the property owner or use public recycling programs.
Possible Liability faced by the Republic Services Driver
1. Criminal Liability
- In California, if a garbage truck driver acted negligently (e.g., failed to check mirrors, ignored safety protocols while backing up), they can face vehicular manslaughter charges under Penal Code §192(c).
- Gross negligence → Felony (up to 6 years in prison).
- Ordinary negligence → Misdemeanor (up to 1 year in county jail).
- If the driver was impaired (alcohol/drugs) or violated major traffic laws, penalties increase significantly.
2. Civil Liability
- The victim’s family can file a wrongful death lawsuit against:
- The driver.
- Republic Services (employer), under vicarious liability.
- Past cases against Republic Services have resulted in multi-million-dollar verdicts when negligence was proven (e.g., $38.8M verdict in Nevada for a similar garbage truck fatality).
3. Regulatory & Safety Investigations
- Cal/OSHA and local authorities will investigate because the victim was engaged in scavenging cans, which may have placed her in a hazardous zone. However Cal/OSHA only has jurisdiction over the driver, not the victim.
- Garbage trucks have special exemptions under California law (they can stop and back up in ways other vehicles cannot), but these do not excuse negligence.
Key Factors That Determine Penalties
- Was the truck’s backup alarm functioning?
- Did the driver follow Republic Services’ safety protocols (spotter, mirrors, cameras)?
- Was the victim in a blind spot or an area where pedestrians are prohibited?