Motorcyclist Hospitalized After Truck Accident
I’m Ed Smith, an Antioch truck accident lawyer. A crash in nearby Richmond on August 7 between a tractor-trailer and a motorcycle rider ended up with the hospitalization of the motorcyclist. Determining fault in the accident may be difficult due to the particulars of the crash. My best wishes and prayers are with the injured man and his family at this time of tragedy.
What Happened?
The accident occurred shortly before 8:00 in the morning along Cutting Boulevard when a Richmond resident, 48, attempted to bypass traffic near a gasoline station by driving up onto the curb of the boulevard and heading east. Then he attempted to cross Cutting Boulevard at a 90-degree angle to reach the fast lane headed west. That was when he was struck by a big rig, which was estimated by a spokesman for the Richmond Police Department as moving perhaps 20 mph.
Accident Injury to Motorcyclist
According to a police representative, the motorcycle rolled over, and the rider fell from the bike, which probably helped save his life in addition to the slow speed of the big rig. The motorcyclist is hospitalized; however, doctors believe he will survive his injuries.
Maintenance Problems With the 18-Wheeler
A police spokesman reported that the 18-wheeler had several bald tires, and four tires were flat. In addition, the third axle brakes were missing. He thought that if the brakes had been there, the truck driver might have been able to stop the truck before it struck the motorcycle. Cutting Boulevard was shut down between Harbor Way South and 12th Street for a number of hours to allow an investigation into the crash.
Commercial Truck Maintenance Regulations
The Federal Motor Carrier Safety Administration is responsible for making sure that commercial trucks are adequately inspected, maintained and repaired. Truckers are mandated to make sure that all working parts are in good condition, including service brakes, suspension systems, wheels and rims and tires among others. In addition, truckers must keep records of all inspections and maintenance logs as well as repairs that were performed. Each inspection report must be maintained for three months.
Operation of Unsafe Trucks
Trucks cannot be operated in an unsafe condition. The Insurance Institute for Highway Safety reports that big trucks that contained defective equipment were at double the risk for an accident. In fact, if a vehicle is found to be unsafe, the driver can operate it only to take it for repairs. Until the repairs are done, the vehicle will be considered out-of-service, according to the Inspection, Repair and Maintenance section of the FMCSA.
If, as in this case, the brakes and tires were not in good condition, the truck would be considered non-operational. Having a non-operational truck on the road opens the driver and his or her employer to civil lawsuits if someone is injured in an accident that might have been prevented by maintaining safety standards.
Comparative Negligence in California
In California, which is a pure comparative negligence state, each person is responsible for his or her percentage of fault in an accident. In this case, the motorcycle rider broke the laws of the road cutting across traffic lanes. However, the trucker operated an unsafe vehicle, one with bald tires and inefficient brakes. Both are negligent and had it not been for their failure to abide by the rules, an accident might not have happened.
If this case is taken to court, both will share the responsibility of negligence. Assuming that both bear 50 percent liability, each will only be able to collect 50 percent of the damages if both have suffered injuries.
Antioch Truck Accident Lawyer
I’m Ed Smith, an Antioch truck accident lawyer. Big trucks can cause catastrophic injuries when in a collision with a motor vehicle, motorcycle, bicycle rider or pedestrian. If you, or someone you love, have been injured or killed in a crash, call me at (925) 428-5220 for free and friendly advice. The toll-free line is accessed at (800) 404-5400.
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Photo Attribution: https://commons.wikimedia.org/wiki/File:Motorcycle_accident_in_Kendal_Manchester.jpg
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