Seguin, TX — January 24, 2025, Arlen Vargas was killed as the result of a loading dock accident at around 6:40 p.m. at the Niagara Bottling plant.

According to preliminary information the incident happened at the Niagara Bottling plant located along 8th Street, just south of I-10.

Investigators said that 39-year-old Arlen Vargas was at the plant from another company, reportedly waiting for a pick up. At some point, Vargas was outside of his truck while another truck approached the loading dock. Vargas somehow became pinned by the truck, ultimately resulting in fatal injuries.

Right now, specifics regarding the cause of the accident are unavailable. Investigations are ongoing.

Commentary by Attorney Michael Grossman

Maybe I'm reading something into the news reports that I shouldn't be, but I have a bone to pick about how the Chronicle reported this story. At one point in their article, a reporter quotes the police saying that it's unclear why the victim in this incident was out of his vehicle. Reading that set off my "spidey-senses" because that's exactly the wrong question to be asking when looking into an incident like this. It doesn't matter if he needed fresh air, to check something on his truck, or to use the facilities, the most important question isn't "What was the victim doing outside his truck?," it's "How did he end up pinned between a truck and a loading dock?" After all, that's the reason for the investigation in the first place.

Maybe authorities are looking into answering that question and were just misquoted by a rookie reporter. That's the hope, at least. I don't mean to be blunt, but the reality is that most of the time authorities aren't equipped to handle this kind of investigation. Allow me to explain.

I hate to bring up the law to make my point (bust out the old line about the hammer and the nail), but just looking at the potential areas of the law an incident like this touches on illustrates just how complex the investigation is going to be. First, if the other truck driver was careless and that led to the man's death, then commercial vehicle wrongful death law governs the rights and remedies of those affected by the incident. If there is an issue with the loading dock being designed in an unsafe manner, you're talking about premises liability law and investigators need to be looking at the property owners/managers. Lastly, if the victim's employer didn't take certain steps such as providing proper training and safety equipment to prevent a scenario like this from occurring, that's fatal work accident law. And to make things even more complex, as this took place in the real world where things are seldom clear-cut, it's possible that a combination of all three things played a role in what happened.

That's three very different areas of the law, none of which the authorities usually receive the necessary training to properly investigate. That's not a knock on them, as we expect them to solve crimes and train them accordingly. The one group that does have relevant training is the Occupational Health and Safety Administration (OSHA), who may be called in if the death is deemed a workplace fatality. They do well with what they're tasked with, but contrary to what most people think, they're not going to save the day. Even if OSHA finds a list of violations a mile long, the most they can do is fine a business and ask for the dangerous practices to end. On top of that, those fines are slaps on the wrist that companies usually avoid paying by promising to be on their best behavior going forward.

How do I know all this? Over the years, I've handled truck accident cases, premises cases, and work fatality cases. In that time, I've never once went into a courtroom with an investigator's report and had that report make my clients' case all by itself. Instead, in every case, I've had to hire private investigators with the relevant skillsets to fill in the blanks left by the initial investigation. That's also why I get so worked up when I see news reports that try to blame the victim when none of us know the full picture of what happened.

Perhaps I'm making a mountain out of a molehill, and this is one of those rare investigations that gets everything right. Rather than speculating, I propose a simple test; if investigators can answer all the questions those affected may have, then they've done their job well; if they cannot, then perhaps someone needs to look at this incident with fresh eyes. But if the Chronicle reporter got their quote right, that's a big red flag that authorities may be looking for answers to the wrong questions.