Jose Perez Reedley: Jose Ramon Perez Injured In Tulare County Semi-Truck Accident On Avenue 416 by Road 42 Near Dinuba
TULARE COUNTY, CALIFORNIA (July 31, 2020) – A man identified as Jose Ramon Perez was seriously injured in a semi-truck accident on Avenue 416 by Road 42.
California Highway Patrol are saying that the accident took place around 9:30 p.m. on Wednesday night. A semi-truck driver was pulling out onto the road when they pulled into the path of Jose Perez.
The victim was not able to avoid the crash and hit the semi-truck. The force of the impact caused the semi-truck to overturn when it was then struck by another vehicle.
Paramedics were called to the scene of the accident in order to help Jose Perez. He was taken to the Community Regional Medical Center in downtown Fresno with major injuries.
Authorities shut down both lanes of Avenue 416 for two hours. An investigation into the semi-truck accident that injured Jose Ramon Perez remains ongoing at this time.
Liability In Tulare County Semi-Truck Accidents
Accidents like the one that injured Jose Ramon Perez have become all too common in California and the United States. According to the FMCSA, “In 2017, 4,889 large trucks and buses were involved in fatal crashes, a 9-percent increase from 2016. Although the number of large trucks and buses in fatal crashes has increased by 42 percent from its low of 3,432 in 2009, the 2017 number is still 7 percent lower than the 21st-century peak of 5,231 in 2005.” There are a number of potential causes of semi-truck accidents including:
- Drunk driving
- Inclement weather
A large number of accidents are caused by truck drivers that pull out onto roads unsafely or otherwise make dangerous turns. According to California Vehicle Code 21801, “The driver of a vehicle intending to turn to the left or to complete a U-turn upon a highway, or to turn left into public or private property, or an alley, shall yield the right-of-way to all vehicles approaching from the opposite direction which are close enough to constitute a hazard at any time during the turning movement.” Truck drivers must check that the road is clear before they pull out onto another road.
It can be difficult at times for truck drivers to properly see what’s behind and around them due to their large blind spots. But it doesn’t have to be this way. There are many different technological solutions to make drivers more aware of their surroundings including:
- Blind spot monitors
- Back up cameras
- LIDAR detectors
When a truck driver is negligent the company that they work for could potentially be held liable. Generally speaking, companies are liable for the negligent actions of their employees – insofar as those employees were working within the course and scope of their job duties. Courts will generally look towards two tests to determine if vicarious liability will apply.
- Benefits Test: “When the employee’s social or recreational pursuits on the employer’s premises after hours are endorsed by the express or implied permission of the employer and are conceivably of some benefit to the employer, then the employer is liable for harm resulting from the employee’s actions.”
- Characteristics Test: “If the employee’s action is common enough for that job that the action could be fairly deemed to be characteristic of the job, then the employer will be liable for harm resulting from the employee’s actions.”
Victims of truck accidents tend to suffer very costly and serious injuries. According to the NCBI, “Compared with truck occupants, passenger vehicle occupants are six times more likely to sustain minor injuries and ten times more likely to suffer serious/fatal injuries. All else being equal, intentional improper actions and unintentional improper actions of the passenger vehicle drivers are both positively associated with higher injury severity, while the unintentional actions of the truck drivers are negatively associated with injury severity in passenger vehicle–truck crashes.” Injuries in a truck accident will typically include:
- Back injuries
- Brain injuries
- Head trauma
- Organ damage
Even after the physical wounds of a truck accident have subsided victims often report serious psychological trauma. According to Very Well Mind, “a 2012 study found that the perception that your life was in danger was the strongest predictor for PTSD 6 months after the trauma. Another study found that avoidance behaviors, the suppression of thoughts about the car accident, rumination about the trauma, and dissociation were most strongly connected with PTSD symptoms two to six months after an accident.” There are many signs that a truck accident victim may be suffering from PTSD:
- Avoidance behaviors
- Changes in emotional reactions
- Intrusive memories
- Negative changes in thinking and mood
The FMCSA requires commercial trucks to carry substantial insurance policies in the event that they are involved in an accident. Depending on what the commercial truck may be carrying an insurance policy of $750,000 – $5,000,000 will be needed. If a truck is carrying hazardous materials the number should be higher. It is important that evidence is properly preserved and protected after an accident.
Any person that is injured in a semi-truck accident may have legal recourse through a bodily injury claim. Damages in a civil claim can help cover lost wages, medical bills and pain and suffering. There are a number of factors that will determine the size of any settlement that a victim may be entitled to.
- The severity of a victim’s injuries
- The permanency of those injuries
- Past pain and suffering
- Future pain and suffering
- Past medical bills
- Future medical bills
- Comparative fault between the two drivers
- The size of a the truck’s insurance policy
- Lost wages as a result of the accident
It is important that accident victims continue to seek medical care after an accident. Insurance companies will often try to argue that victims were not that seriously injured if they stop seeking medical care. A truck accident attorney can examine all of the facts of your case and let you know what your legal options are.
Investigating A Tulare County Semi-Truck Accident
We at West Coast Trial Lawyers extend our thoughts and prayers to Jose Ramon Perez. It is our sincere hope that he will be able to make a full recovery. Any person that may have seen what happened should reach out to police as they continue their investigation.
Have you or someone that you care about been injured in a truck accident? There are a number of laws designed to protect your rights. 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 get the medical and financial support they need to recover from their injuries. Whether you just have questions about the law or need a free investigation into an accident we are here for you. You’re always welcome to reach out to us anytime at (888) 888-9285.