Zebulun Hogue Palmdale: Zebulun Hogue Killed In Palmdale Semi-Truck Accident By 70th Street East And Palmdale Boulevard
PALMDALE, CALIFORNIA (June 25, 2020) – A pedestrian identified as Zebulun Hogue has tragically died in a semi-truck accident near the intersection of 70th Street East and Palmdale Boulevard.
California Highway Patrol are saying that the accident took place around 12:30 a.m. on Tuesday. For reasons that remain under investigation a tractor trailer truck hit Zebulun Hogue leaving the victim with serious injuries.
Paramedics were called to the scene of the accident in order to help Zebulun Hogue. Despite life-saving measures the victim later died due to his injuries.
The driver of the semi-truck remained at the scene and cooperated with authorities. An investigation into the cause of the crash remains ongoing at this time.
Liability In Palmdale Semi-Truck Accidents
Pedestrians are particularly vulnerable to semi-truck accidents due to their small profile and lack of protection. 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.” These types of accidents tend to occur for a variety of different reasons including:
- Vehicle: Tire problems
- Driver: Following too close
- Driver: Inadequate surveillance
- Driver: Over-the-counter drug use
Fatigue, in particular, is one of the leading causes of fatal truck accidents. Truck drivers are often forced to work long and grueling hours. In fact, 10% of truck drivers involved in accidents report feeling under pressure from work. Even when truck drivers are well rested this doesn’t necessarily mean that they are fit to drive. In fact, one report from the American Trucking Association found that 28% of all truck drivers have mild to severe sleep apnea.
Many truck companies are considered “common carriers” under the law and are held to a very high standard in terms of driving safely. 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].” Victims of semi-truck accidents often suffer very serious and catastrophic injuries including:
- Broken bones
- Organ damage
- Brain injuries
- Spinal cord injuries
All truck drivers are expected to exercise due care in order to avoid hitting pedestrians even when they are outside of lawfully marked crosswalks. According to California Vehicle Code 21950, “The driver of a vehicle approaching a pedestrian within any marked or unmarked crosswalk shall exercise all due care and shall reduce the speed of the vehicle or take any other action relating to the operation of the vehicle as necessary to safeguard the safety of the pedestrian.” Many pedestrians get overlooked due to the large blind spots on semi-trucks.
Liability for a truck accident may extend beyond any negligent driver. For example, many truck accidents are due to poor maintenance on the truck. Brakes may fail or the engine may give out. Semi-trucks can weigh as much as 80,000 lbs. They are much more difficult to maintain than smaller vehicles. Maintenance companies must keep logs of when they perform work on commercial trucks. For the most part many semi-truck accidents can be prevented. There are a number of useful pieces of technology designed to do exactly this:
- Forward collision avoidance systems are available on most trucks
- Commercial trucks can also be equipped with side view and backup cameras
- There is also technology designed to monitor when a truck driver closes there eyes for extended periods
It’s important that evidence is properly preserved and collected after an accident. Most intersections have surveillance systems that record car accidents. Still, witnesses should be sought out and interviewed after a collision. The truck driver should also be interviewed. Victims of truck accidents are protected by a number of laws.
The family of any victim that died in a semi-truck accident may have legal recourse through a wrongful death claim. Damages in a civil claim can help cover lost wages, medical bills and pain and suffering. In order to win a civil claim plaintiffs will have to demonstrate negligence:
- The defendant owed the plaintiff a legal duty of care
- The defendant breached that legal duty
- The breach was the proximate cause of the accident
- The plaintiff sustained damages
Unfortunately, truck companies will often fight vigorously to deny liability of a truck accident. A truck accident attorney can examine all of the facts of your case and let you know what your legal options are. There are, however, statute of limitations associated with civil claims. Failing to act within the statute of limitations may result in a permanent forfeiture of your rights.
Investigating A Palmdale Semi-Truck Accident
We at West Coast Trial Lawyers extend our deepest condolences to the family of Zebulun Hogue. Any person that may have seen what happened should reach out to police as they continue their investigation. It is our sincere hope that measures will be put in place to help prevent additional accidents like this.
Have you or someone that you care about been involved in a semi-truck accident? There are a number of laws designed to protect your rights. 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 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.