Questions remain after child fatally struck by Waste Management truck

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By Andrew Michalscheck By Andrew Michalscheck

PHOENIX -- Several questions have yet to be answered after a 2-year-old boy was fatally struck by a Waste Management truck in Cave Creek Wednesday afternoon.

The Maricopa County Sheriff’s Office told 3TV on Thursday that while they believe the incident was an accident, they still don’t have all the answers.

“We strongly believe that there is no impairment here, but we just don’t have the ability to prove or disprove that right now,” said MCSO Lt. Brandon Jones.

According to MCSO, attorneys with Waste Management arrived at the scene Wednesday and told the driver of the truck, Bernardo Hernandez, and a trainee not to answer any questions and not to take any tests.

Jones said that because the driver didn’t show any signs of impairment, investigators didn’t have probable cause to force any tests.

A driver for Waste Management did, however, come forward to tell 3TV that the company pushes drivers to finish their routes on time at the expense of safety.

“It’s endangering the public, it really is,” said the driver who chose to remain anonymous.

Jones emphasized that while speed was not a factor, it’s important that they are able to provide closure for the family.

“We don’t believe there were any impairments, we would just like to be able to provide that closure to the family,” said Jones.

Waste Management has yet to comment about the incident.

Wednesday’s accident occurred in a rural area near 40th Street and Lone Mountain Road.

According to authorities, the 2-year-old and other children were playing outside when the truck backed up into the boy.