BORREGO SPRINGS, CA (May 10, 2022) – A man was killed in a Borrego Springs accident after colliding head-on with a big rig on Friday May 6.
The driver was heading east on Borrego Salton Sea Way just east of Henderson Canyon when a big rig crossed double yellow lines and veered into his lane and collided with him. The accident occurred around 11:30 a.m. according to CHP public-affairs officer Travis Garrow.
His passenger, a 57-year-old man from Indio, was airlifted by helicopter to a hospital in Escondido with serious injuries.
The identity of the decedent remains unknown.
The driver of the big rig, a 55-year-old from Cherry Valley, was not injured at all during the crash.
Liability In Borrego Springs Semi-Truck Accidents
Nearly 4,000 people are killed every year in collisions with commercial trucks. Most of the deaths involved people who are occupants of passenger vehicles. Underride collisions are especially hazardous for the occupants of passenger vehicles. These collisions can partially be mitigated by underride guards. There are a number of other measures that can help reduce the severity of truck collisions.
- Trucking Regulations: The truck industry is regulated to help ensure that trucks are maintained and that drivers are well rested. For example, truck drivers typically aren’t allowed to work more than 11 hours in a single shift.
- Braking Systems: Many commercial trucks are equipped with automatic braking systems that can detect vehicles in the roadway and slow down the truck to avoid hitting them.
- Crash Avoidance Technologies: Electronic stability control is now required on all new tractor-trailer trucks and buses. These systems are designed to intervene when a truck’s motion becomes unstable.
Truck drivers must get specialized training and obtain a commercial driver’s license. They are held to a high standard in terms of safety and serious traffic infractions can jeopardize their ability to maintain a CDL. Operating a truck is very different and much more difficult than operating a passenger vehicle. Among other things, it takes a lot longer to stop a commercial truck. Truck drivers must be aware of this. They need to take it into consideration in calculating a safe follow distance for the lead vehicle.
Rear-end collisions are among the most common types of accidents and also nearly always preventable. They tend to occur when truck drivers fail to maintain a safe distance with the vehicle ahead of them. Pursuant to California Vehicle Code 21703, no driver shall follow another vehicle more closely than what is reasonable and prudent for the speed of the vehicle and the conditions of the traffic on the roadway. There is a rebuttable presumption of negligence on the part of any driver that rear-ends another vehicle – even when that vehicle is stalled in the roadway.
However, there could be situations when a truck driver may not be held at fault for a rear-end collision. For example, a vehicle may reverse while on the freeway. Or that driver could potentially make an unsafe lane change in front of the truck. In rare circumstances, a truck’s brakes may unexpectedly give out. This could potentially form the basis of a negligence claim on the part of a company responsible for maintaining the truck or creating its brakes.
If a truck driver was working at the time of a collision, the company that they were working for could be held at fault. 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. However, many companies will try to evade liability by hiring their drivers as independent contractors. It is important to determine the employment status of a truck driver at the time of a collision. There are a number of other items that should be investigated.
- What was the speed of the truck at the time of the collision?
- Was the truck driver distracted when the accident took place?
- How long were they working prior to the crash?
- Did the truck driver receive adequate training?
The family of any victim that died in a truck accident may be able to seek aid through California Civil Code 377.60. Damages can help cover lost wages, medical bills and funeral expenses. It is important that evidence is properly preserved after an accident. A Los Angeles County wrongful death attorney can examine all of the unique 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 bar a victim’s family from being able to file a claim.
Investigating A Borrego Springs Semi-Truck Accident
We at West Coast Trial Lawyers extend our deepest condolences to the family of the decedent in this case. Any person that may have information about what happened should reach out to the police. This was a preventable tragedy that should have never taken place. There needs to be a thorough investigation into what happened for the sake of all who have lost so much.
Do you need more information about an accident that took place in Cerritos? Our team of personal injury attorneys are here to answer any questions that you may have. We are committed to helping accident victims get the information and resources that they are owed under the law. Whether you just have legal questions or need a free, independent investigation into a collision we are here for you. You’re always welcome to reach out to us anytime at (888) 395-7234.