As previous postings in this blog have discussed, passenger cars are no match for a commercial motor vehicle, and when the two collide the outcome can be tragic. Truck accidents involving pedestrians are almost guaranteed to have a catastrophic, if not fatal, outcome. Unfortunately, this type of accident recently occurred in California.
The collision occurred on a Friday shortly after noon. There were two pedestrians, a 68-year-old man and a 67-year-old woman, in a crosswalk. They were struck by a dump truck while they were crossing the street. The 68-year-old man suffered serious injuries and was transported to the hospital for treatment. Unfortunately, the 67-year-old woman died at the scene of the accident.
At this time it is not believed that the dump truck operator was driving under the influence. The truck driver stopped and is cooperating with authorities as they investigate the accident. However, that does not mean he will not have to face consequences for his involvement in the accident.
Drivers with commercial driver's licenses that operate large vehicles are held to a higher standard of care than those drivers of passenger vehicles. For example, if a pedestrian is walking in a crosswalk while the light was green and is hit by a truck, then it may be possible that there was negligence on the part of the truck driver. If the truck driver was indeed negligent, and was working within the scope of his employment, the truck driver and his employer may be held responsible for the accident.
Anyone that has been injured in a truck accident or has lost a loved one in an accident may want to contact a personal injury attorney. Trucking companies will do their best to protect themselves, and sometimes the injured party is not a good match for insurance companies, the company's attorneys and others that the employer will get involved. However, an personal injury attorney may be able to deal with all of these parties and seek the best possible outcome for the injured party and their loved ones.
Source: Marin Independent Journal, "Pedestrian killed near San Rafael Transit Center," Laith Agha, Jan. 3, 2014