Juventino Abarca Seriously Injured In Santa Rosa Work Truck Accident While Crossing Dutton Avenue at Sebastopol Road In Motorized Wheelchair
SANTA ROSA, CALIFORNIA (July 20, 2021) – A 68-year-old man in a wheelchair identified as Juventino Abarca was injured in a work truck accident by the intersection of Dutton Avenue at Sebastopol Road.
Santa Rosa police officials are saying that the accident took place around 6:30 a.m. on Tuesday. Juventino Abarca was crossing the street in a motorized wheelchair when he was hit by a GMC work truck.
That driver of the GMC dragged the victim nearly 60 feet before a bystander waved him down. Paramedics were called to the scene in order to help the pedestrian.
Juventino Abarca was taken to the hospital with a broken left arm and lacerations to his liver, chest and head. Police interviewed the driver of the GMC work truck who said that he didn’t see the man in the crosswalk.
A full investigation into the collision remains ongoing at this time.
Liability In Santa Rosa Work Truck Accidents
The car accident that injured Juventino Abarca is a stark reminder of how vulnerable wheelchair bound pedestrians can be. According to the journal BMJ Open, nearly 5,000 wheelchair bound pedestrians are killed in car accidents every year. Another 76,000 are seriously injured. John Kraemer was the studies lead author. He said that pedestrian infrastructure is often poorly adapted for those in wheelchairs which can force people to use the streets. Victims of car accidents tend to suffer very serious and costly injuries including:
- Broken bones
- Head injuries
- Spinal cord injuries
It’s already hard to see pedestrians under normal circumstances. It can be even more difficult to see pedestrians in the morning hours. Pedestrians in wheelchairs can be extremely difficult to see. Still, drivers must exercise due care in order to avoid hitting pedestrians, even if they are outside of lawfully marked crosswalks. Drivers must scan the road ahead of them and drive below the speed limit if that’s what the prevailing conditions call for.
If the driver of a truck was working at the time of a collision the company or government entity that they were working for could be held at fault. Companies are typically liable for the negligent actions of their employee’s – insofar as those employees were working within the course and scope of their job duties. For example, if a truck driver was delivering packages for work this could certainly fall under the scope of their job responsibilities.
In certain circumstances a city could potentially be liable for a truck accident if it was caused by a dangerous condition in the roadway. According to Government Code 835, a public entity is liable for injury or death caused by a dangerous condition on their property when the dangerous condition created a reasonably foreseeable risk of the type of injury that occured. There are numerous ways that a roadway could be in a dangerous condition:
- An intersection could lack stop signs
- An intersection could have an obstructed line of sight
- A roadway could have potholes that caused pedestrians to trip
The FMCSA requires most commercial trucks to carry between $750,000 to $5,000,000 depending on what they are transporting. These policies can be used by those injured due to the negligence of a truck driver. In order to receive help plaintiffs must pursue a bodily injury claim. A civil claim can help cover lost wages, medical bills and pain and suffering. It is wise for those injured in car accident to seek the experienced guidance of a truck accident attorney. An attorney can examine all of the facts of your case free of cost and let you know what your legal options are.
Investigating The Santa Rosa Work Truck Accident That Injured Juventino Abarca
We at West Coast Trial Lawyers extend our thoughts and prayers to Juventino Abarca as he continues to recover. There needs to be some accountability for what happened. How on Earth was this truck driver seemingly oblivious to dragging someone under his vehicle. Any person that may have information about what happened should contact the police.
Do you need more information about an accident that took place in Santa Rosa? Our team of personal injury attorneys are here to answer any questions that you may have. We are committed to getting accident victims the medical and financial support that they need in order to recover. Whether you just have questions about the law or need a free, independent investigation into an accident we are here for you. You’re always welcome to reach out to us anytime at (888) 888-9285.