The woman killed by a trash truck in Santa Ana this week was a cancer survivor

Maria Rubalcava de Ruesga, the 69-year-old woman who was killed by a Republic Services trash truck in Santa Ana earlier this week had beaten pancreatic cancer prior to her fatal accident, according to a GoFundMe page launched by her family.

Here are the comments posted by her family:

On Wednesday, November 19th, our family received the heartbreaking news that our mother had been struck by a vehicle and was pronounced dead at the scene. For those who knew her, you know how loving, caring, and strong she was.

After battling pancreatic cancer and finally being in remission for a year, she was just beginning to feel like herself again. Losing her so suddenly has left us in complete shock. She leaves behind a heavy void in our hearts that can never be filled.

She also leaves behind 8 grandchildren who loved her deeply and will miss her more than words can express

We are raising funds to help cover her funeral expenses and to give her the beautiful, dignified farewell she deserves. Any support, whether through donations or by sharing this page, means the world to our family during this devastating time.

So far the GoFundMe page has raised just over $5,000 dollars.

“Based on the preliminary investigation, the trash truck was traveling eastbound on Bishop St. when it made a right turn onto southbound Shelton St. at the roundabout,” an SAPD release said. “The truck subsequently struck Rubalcava as she was crossing the street.”

KABC7 News has reported that de Ruesga was crossing the street and was decapitated by the trash truck.

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?

How much will Republic Services and the City of Santa Ana have to pay if they are sued?

• Liability: Whether Republic Services, the driver, and/or the City of Santa Ana are found negligent.
• Damages: Economic losses (medical bills, funeral costs, lost income) and non-economic losses (pain and suffering, loss of companionship).
• Circumstances: Whether there was gross negligence or safety violations, which could lead to punitive damages.
• Jurisdiction: California law caps certain claims against public entities and has specific rules for comparative negligence.

For context, wrongful death settlements in California often range from hundreds of thousands to several million dollars, depending on the severity and liability. Cases involving commercial vehicles and municipalities can be on the higher end if negligence is clear.