Truck Accident Kills Fairfield Man
I’m Ed Smith, a Fairfield truck accident lawyer. A big rig struck and then killed a Fairfield man in the second of two fatal accidents on Interstate 80.
Details of the Truck Accident
On 5 July, a big rig truck struck and killed a motorcyclist on Interstate 80 in San Pablo. The truck hit 35-year-old Nicholas Brown of Fairfield as he traveled westbound towards San Francisco at 6:22 a.m.
The truck changed lanes without using his turn signal and notifying other drivers. In the process, the truck hit Brown and ejected him from the motorcycle. Another car traveling westbound was unable to avoid Brown and also struck him.
First responders pronounced Brown dead at the scene of the motorcycle accident.
Truck Flees the Scene
Witnesses report that the truck pulled to the side of the road after striking Brown. The driver never exited the vehicle and then fled the scene after four or five minutes.
Witnesses describe the truck as a yellow commercial truck pulling a single white trailer. Some media sources report that the truck was red, but witnesses do not support these claims.
The California Highway Patrol (CHP) is investigating the accident and asks that people report yellow commercial trucks with front-end damage.
Who is responsible?
Because the commercial driver made the unsafe lane change that caused the accident, the commercial driver is responsible for the accident. This also makes him liable for damages, including the pain and suffering of the victim’s family.
Fleeing the scene of the accident then increased the driver’s criminal liability. While hitting the victim was an accident, fleeing the scene makes the driver’s actions criminal in nature.
Proving Commercial Truck Liability
Proving this liability in a civil court can be difficult, though. A civil court case against the driver would focus on the liability in the initial action of the unsafe lane change. Proving this depends on witness testimony.
The driver’s logs and the commercial truck recorder in the engine may also prove the driver’s liability, but accessing this information can be hard. Many commercial truck companies and their drivers attempt to destroy this information so that liability cannot be proven.
Time is Money for Commercial Trucks
Companies and drivers also destroy this information for the same reason the driver likely fled the scene: time is money in the commercial trucking industry. Having a truck out of service for even a day can cost a company thousands of dollars.
Therefore, companies avoid having a truck pulled from service for purposes of investigation. They will often continue to run a truck after it is involved in an accident. This can overwrite the data on what happened.
How a Personal Injury Lawyer Can Help
These issues make it essential that victims and their families contact an experienced personal injury lawyer soon after being involved in an accident. A knowledgeable attorney can step in and work to preserve crucial evidence.
About the Other Accident
This was the second accident in just hours of each other on I-80 near San Pablo. The first accident occurred at 4:35 a.m. A woman lost control of her Honda Accord and struck the concrete center median. A passing vehicle then struck the wrecked Accord, killing the woman.
Despite both accidents happening on the same stretch of road, the road itself did not play a role. This means the government does not hold any liability for either accident.
Fairfield Truck Accident Lawyer
I’m Ed Smith and I am a Fairfield truck accident lawyer. Truck accidents can be complicated, but I am here to help you. Please call me at (707) 564-1900 if a commercial truck accident injures you or a loved one. I can also be reached toll free at (800) 404-5400 for free, friendly advice.
I have been practicing personal injury law for more than three decades.
You can read about people’s experiences working with me and my fellow injury lawyers by looking at our reviews on Yelp, Avvo, and Google.
You may also view my Past Verdicts and Settlements page or my car accident data archive.
I am a proud member of the Million Dollar Advocates Forum.
Source:
http://abc7news.com/traffic/motorcyclist-killed-in-2nd-of-2-fatal-san-pablo-crashes/2176863/
http://www.sfgate.com/bayarea/article/Fatal-crash-snarls-traffic-on-westbound-I-80-in-11263320.php
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