Joshua Macut Wasco: Joshua Mark Macut Killed In Wasco Semi-Truck Accident By Magnolia Avenue and Merced Avenue
KERN COUNTY, CALIFORNIA (June 10, 2021) – A 34-year-old man identified as Joshua Macut has tragically died in a Wasco semi-truck accident near the intersection of Magnolia Avenue and Merced Avenue.
California Highway Patrol are saying that the accident took place just after 12:00 p.m. on Monday. A semi-truck temporarily stopped at Merced Avenue where there is a stop sign.
The truck driver proceeded into the intersection directly in front of an eastbound Toyota driven by Joshua Mark Macut. There is no stop sign along Magnolia Avenue and the victim was not able to stop in time after hitting the brakes.
Firefighters and paramedics were called to the scene in order to help the victim. Joshua Macut was extricated from his Toyota which became wedged underneath the semi-truck.
The driver of the semi-truck remained at the scene and cooperated with police.
Liability In Kern County Semi-Truck Accidents
Semi-trucks account for a relatively small portion of all total accidents. But they account for a disproportionate number of traffic fatalities. According to one analysis from Carsurance, “During 2017, 4,889 large trucks were crashed in accidents that have also resulted in fatalities. Between 2009 and 2017, the number of trucks and buses that have been involved in fatal accidents has increased by 42%. Research has shown that 68% of fatal truck-related accidents take place in rural areas, on interstate roads, and highways.” Rural areas, in particular, don’t tend to upgrade their roads regularly as their population centers grow. There are a number of other factors unique to the trucking industry that can increase the likelihood of accidents:
- A fully loaded semi-truck can weigh as much as 80,000 lbs and take the length of two football fields to come to a complete stop.
- Semi-trucks tend to have extremely large blind spots. Truck drivers have an obligation to check those blind spots for oncoming vehicles.
- Truck drivers are often forced to work long hours and can easily become fatigued. Some truck drivers even work multiple jobs that can further eat into the amount of time that they have to rest.
A large number of car accidents are due to reckless truck drivers that enter intersections without checking for oncoming traffic. According to California Vehicle Code 21800, “The driver of a vehicle approaching an intersection shall yield the right-of-way to any vehicle which has entered the intersection from a different highway.” When a truck driver pulls into an intersection and causes an accident they can be held liable through a civil claim.
If the truck driver was working at the time of a collision the company that they were working for could be held at fault. This is based off of the legal doctrine of vicarious liability. Some companies will try to evade liability for accidents by hiring their drivers as “independent contractors.” However, many truck drivers are improperly labeled. It is important to determine the status of a truck driver at the time of a collision. Evidence is crucial to demonstrating liability in truck accidents:
- All witnesses should be interviewed
- Medical records should be preserved
- An autopsy should be conducted when applicable
- A semi-truck’s event data recorder should be examined
The family of any victim that died in a semi-truck may be able to seek justice through a wrongful death claim. Potential beneficiaries in a civil claim may include a victim’s spouse, children and parents. In order to win a civil claim plaintiffs will have to demonstrate negligence. Unfortunately, truck companies will often go to extraordinary lengths to deny liability for any accident. A Kern County truck accident attorney can examine all of the facts of your case free of cost and let you know what your legal options are.
Investigating A Wasco Truck Accident
We at West Coast Trial Lawyers extend our deepest condolences to the family of Joshua Macut. There needs to be a thorough investigation for the sake of all who have lost so much. This was a preventable tragedy that should have never taken place. Any person that may have witnessed what happened should contact Kern County police officials.
Do you need more information about an accident that took place in Kern County? Our team of personal injury attorneys are here to answer any questions that you may have. We are committed to making sure that accident victims are aware of their rights and that those rights are being protected. Whether you just have questions about the law or need more information about an accident we are here for you. You’re always welcome to reach out to us anytime at (888) 888-9285.