Truck Accident Kills Motorcyclist in Mt Baldy Road

A truck accident in Mt. Baldy has claimed the life of one motorcyclist last weekend.

The victim was identified by the Los Angeles Coroner’s Office as Jason Stark, 32, of Alhambra.

According to CHP, a Claremont man driving a 1995 Dodge Ram was making a U turn near the mile post marker 3:30 on Mt Baldy Road when he drove directly on the path of the 1999 Ducati that Stark was driving.

Stark tried to stop but he was unable to avoid crashing into the truck.

He was pronounced dead on the scene.

The Dodge Ram driver told investigators that he did not see Stark approaching when he initiated the U-turn.

Although it is not clear who the liable party is, the family of Stark can file a wrongful death claim against the Dodge Ram driver.

Like what I said in previous blogs, California is a comparative negligence state so even if Stark has some fault in the accident, he may still collect damages.

But of course the level of his liability will be computed and that percentage will be subtracted from the total amount that the family will receive from the claim.

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Big Rig Accident Causes Road Closure

Accidents involving big rigs can cause bigger damages because of the vehicle’s weight and size. In addition, it can also inflict graver injuries to the occupants of a smaller vehicle in the occurrence of accidents.

True enough, a big rig accident recently caused Interstate 5 in Burbank to be closed for five hours, also resulting to jammed rush-hour traffic. In addition, the incident also caused harm to one person.

According to authorities, the big rig smashed through a center divider and caught fire. Five other vehicles were also involved in the accident, and several crashed under the truck.

One person was shortly trapped in the ruins. Police said one person sustained injuries that were described as minor to moderate.

Employers are required to carefully choose the people who will operate a big rig if a work requires it because they may also be liable if the driver’s negligence causes an accident. Implementing stricter screening processes will ensure that every person operating this vehicle has the right skills to do it.

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Truckers have Higher Duty of Care

Truck accident must be one of the most severe mishaps on the road. It in fact accounts for the most serious fatalities. Imagine a large freight carrier slamming on your car? Or a ten-wheeler truck hitting you while crossing the street? How about a heavy hauler crashing onto you while driving on a motorcycle?

Vehicle accidents record the most number of personal injuries and wrongful deaths on the streets of Los Angeles. This I believe is due to a great number of reckless and irresponsible drivers on the road. Every driver, especially those whose vehicles are so large that they pose a threat to every motorist, should know that they owe a duty of care to other people.

A blog article entitled “Truckers Must Exercise Extreme Caution, Not Just Reasonable Care” mentioned that drivers of commercial trucks owe a higher duty of care than other drivers. It indicates that some tort attorneys or trial judge make the mistake of using lesser standard in the process of a truck accident claim.

This should not be overseen by an attorney. Using a lesser standard of duty of care will lessen the liability of the negligent truck driver. A truck accident attorney must be able to identify up to what extent did the driver failed to comply with the safety statute on driving a large vehicle. This would permit additional damages or the award of recovery to the plaintiff/s.

Safety statutes require truck drivers to drive within a certain length of time since many accidents are often the result of driver fatigue. They are also required to ensure the safety or security of the truck load before hitting the road. Regular maintenance and inspection are set as well for truck drivers to follow.

Any failure to act on or abide by these safety statutes would add up to the liability of the truck driver and/or truck company. If their failure resulted to an accident which caused injuries or death to other parties, they shall be required by law to afford due compensation to the victims.

Besides the compensatory damages which include general and special damages, that can be possibly given to a plaintiff, punitive damages can also be awarded to him/her.

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