AN DIEGO, CALIFORNIA (October 7, 2019)– An 81-year-old man identified as Thomas Royden has tragically died in a tow truck accident not far from the intersection of El Camino Real and Carmel Valley Road.
Carmel Valley police are saying that Thomas Royden was in a Honda CRV with his wife Kozy Royden who was driving. At around 9:30 p.m. a tow truck driver ran a red light and hit the Honda CRV that was carrying Thomas Royden and Kozy Royden.
Paramedics were called to the scene in order to help all of the victim’s. Kozy Royden was taken to the hospital after complaining about pain.
Despite life-saving efforts Thomas Royden later died due to his injuries. The Win ‘N Sea Towing tow truck driver remained at the scene and cooperated with police.
Family members are remembering what an extraordinary man Thomas Royden was. He was the son of a Lord and educated at Oxford before working with the United Nations. He started an Avocado farm in Ramona and fell in love with his wife Kozy in San Diego.
It remains unclear if the tow truck driver will face charges for the fatal crash.
LIABILITY IN SAN DIEGO TOW TRUCK ACCIDENTS
Tow trucks are considered common carriers under the law. Common carriers are any company – public or private – that transports people or goods in exchange for money. They are held to a very high standard in terms of safety. According to the Judicial Council of California Civil Jury Instructions, “Common carriers must carry passengers [or property] safely. Common carriers must use the highest care and the vigilance of a very cautious person. They must do all that human care, vigilance, and foresight reasonably can do under the circumstances to avoid harm to passengers[or property].”
When a tow truck driver runs a red light and causes an accident they will typically be found at fault. According to California Vehicle Code 21453, “A driver facing a steady circular red signal alone shall stop at a marked limit line, but if none, before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection, and shall remain stopped until an indication to proceed is shown, except as provided in subdivision (b).” When a tow truck driver is negligent and causes an accident the company that they work for may be liable as well. There are a number of reasons why a driver might run a red light including:
- Break problems
Commercial drivers are also held to a much higher standard in terms of when a driver is considered legally intoxicated under the law. According to California Vehicle Code 23152 (d), “It is unlawful for a person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle, as defined in Section 15210.” Drivers that choose to drink and drive may face civil as well as criminal liability. California law doesn’t distinguish between alcohol and over the counter medications which may have affected a driver’s ability to operate their vehicle safely.
The family of any victim that died in a tow truck accident may be able to seek justice through California Code of Civil Procedure 377.60. This can help with medical bills, lost wages, funeral expenses and pain and suffering. According to the statute potential claimants may include “The decedent’s surviving spouse, domestic partner, children, and issue of deceased children.” It’s important that evidence is preserved after an accident and they key witnesses are interviewed. A truck accident attorney can investigate all of the facts of your case and let you know what your legal options are.
INVESTIGATING A CARVEL VALLEY TOW TRUCK ACCIDENT
We at West Coast Trial Lawyers extend our deepest condolences to the family of Thomas Royden and all of those who have been injured in this horrific accident. There needs to be a thorough investigation for the sake of all involved. Any person that may have seen the accident should reach out to the San Diego police department.
If you or someone that you love has been injured due to the negligent actions of a tow truck driver you may have legal recourse. Our team of personal injury attorneys are here to answer any legal questions that you may have. We are committed to making sure that accident victims are aware of their rights so that they can make informed decisions. Whether you just have questions about the law or need a free, independent investigation into an accident to get to the bottom of what happened we are here for you. You’re always welcome to reach out to us anytime at (888) 888-9285.