A tragic accident on May 27, 2024, has led to a lawsuit filed by the mother of the deceased, seeking justice and compensation for her loss. Mahin Motlagh filed a complaint in the Superior Court of California, County of Santa Clara, on August 22, 2024, against Rigoberto Carrero Haro and Rigoberto Lara Carrero.
According to the court documents, Mahin Motlagh is suing individually and as a successor in interest to her son Behdad Basti (also known as Brian Basti), who tragically died in an accident involving a truck operated by one of the defendants. The incident occurred at approximately 1:52 PM at the intersection of Montague Expressway and McCarthy Boulevard in San Jose. The complaint alleges that the truck driven by Rigoberto Lara Carrero lacked a required rear impact guard, causing Basti's vehicle to become lodged beneath it upon collision.
Motlagh's lawsuit accuses both defendants of negligence and seeks damages for wrongful death. The plaintiff claims that both Rigoberto Carrero Haro and Rigoberto Lara Carrero failed to manage, maintain, control, and operate their vehicle safely. "Defendants breached their duty to operate their vehicle in a safe or reasonable manner by failing to ensure their vehicle contained the required rear guard protection," states the complaint. Additionally, it highlights that the truck did not comply with federal safety regulations stipulated under 49 C.F.R § 571.224 and 49 CFR 571.223.
The plaintiff argues that these violations directly resulted in her son's death and emphasizes that these regulations are designed to protect motorists from such fatal incidents. Furthermore, she contends that all defendants were negligent per se due to their non-compliance with these federal standards.
Motlagh is seeking several forms of relief from the court: repayment of all special damages including past and future wage loss; funeral and burial expenses; hospital and medical expenses incurred; general damages according to proof; prejudgment interest as allowed by law; costs of suit incurred; and any other relief deemed just and proper by the court.
Representing Mahin Motlagh are attorneys Shervin Ghanoongooi and Ana Sahagun from Wilshire Law Firm. The case has been assigned Case No. 24CV445815 in front of Judge M. Bui.