An 18-year-old passenger died after crashing into the back of a big rig in San Diego. 

California – October 13, 2022

Interstate 15 in North County near San Diego was the scene of a fatal accident involving two teens traveling in a Honda Civic and a parked big rig.  One 18-year-old young man from Baldwin Park suffered fatal injury at the scene and the driver who was 19 years old was badly injured when their southbound Honda Civic lost control and slammed into the back of a parked big rig. Paramedics airlifted the young driver of the sedan to the hospital for treatment of life-threatening injuries. Because trucks often weigh 20-30 times as much as passenger vehicles and have greater ground clearance, crashes involving them may cause underride and associated catastrophic injury.

Underride and increased level of injury.

Underride accidents occur when a motor vehicle collides with a tractor-trailer and their vehicle becomes stuck underneath.  They are very deadly because of the height difference often resulting in decapitation, loss of limb function, brain damage, and other debilitation injuries that may last a lifetime.

The National Highway Traffic Safety Administration has proposed strengthening rear guard requirements for trailers (the rear unit of a tractor-trailer) and estimates about 95 percent of all newly manufactured trailers already meet the stronger requirements. Although tractor-trailers are inspected, Federal Motor Carrier Safety Administration annual inspection regulations do not require the rear guard to be inspected, so damaged guards that could fail in a crash may be on the roadways.  Victims, or loved ones who have experienced harmful loss to an underride situation should speak to a lawyer about how the use of tractor-trailer bumpers may impact a case for damages.

Insurance claims and communications.

A San Diego truck accident lawyer may help victims file insurance claims and provide guidance on state thresholds, time limitations to file legal action, and information from insurance carriers that they communicate with on behalf of the accident victims. They will be instrumental in insurance provider communications, initiating independent investigations to ascertain the reason for a crash and filing appropriate documents with insurance companies and the court. If a driver has been cited for any violations, fault may be more easily proven and impact the way recoverable damages are paid. Accident victims should consult with a San Diego accident lawyer because California is a “fault state” which means that the party found to be responsible for the accident will have to compensate the other party involved in the accident.

Immediate funeral expenses.

The accidental death benefit, as part of a car insurance policy which may not be required, pays for death expenses if, in a covered auto accident, bodily injury causes the death of a policy holder, or a covered family member.  A California lawyer can help surviving loved ones by reviewing insurance policies and communicating with carriers to process claims when necessary.  Since California is not a no-fault state but offers personal injury protection Med Pay coverages as an option, the policy’s death benefit may cover funeral expenses.  It is always best to speak with a car accident attorney who understands insurance laws.

Damage compensation.

Damages covered include medical bills up to the time of death, lost wages (current and future), property damages and wrongful death claims to secure survivors financial stability of the deceased was an important part of the family income.

Hire a lawyer.

Experienced truck accident lawyers at the Law Offices of Jeffrey E. Estes can research specific case facts and interpret the law to support an accident case’s best outcome toward compensation for injury, property damages and wrongful death after a big rig accident.

Jeffrey E. Estes and Associates

Phone: 619-233-8021

Address: 501 West Broadway, Suite 1650

San Diego, CA 92101

Sources:

1. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=20001
2. GAO-19-264, Accessible Version, TRUCK UNDERRIDE GUARDS: Improved Data Collection, Inspection, and Research Needed
3. Passenger, 18, Killed, Driver Badly Hurt in Bonsall-area Crash with Parked Big Rig – Times of San Diego