Articles Posted in Trucking Accidents

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Bay Area residents are anxiously awaiting the scheduled opening of the Bay Bridge shortly after the Labor Day weekend. The dismantlement of the old eastern span has begun in earnest as workers put the finishing touches on its gleaming new replacement. But as the region’s anticipation builds for the public use of the new bridge, a recently settled wrongful death lawsuit suggests an ill-advised design, poor communication and haste may have been behind an accident-prone temporary stretch of the old eastern span.

S-Curve Quickly Earned Perilous Reputation
As reported by the San Francisco Chronicle, documents from the lawsuit reveal that Caltrans managers never green-lighted the dangerous design of the Bay Bridge’s S-Curve, a stopgap section of the old eastern span with tricky sharp turns that was the scene of a fatal accident on Nov. 9, 2009, in which a Hayward truck driver fell 200 feet to his death after his big rig swerved and heaved over the railing, plunging to Yerba Buena Island below. The documents from the lawsuit filed on behalf of the family of the deceased truck driver went on to say that Caltrans officials approved the use of movable concrete rails in spite of a known risk that vehicles could go over the side of the rails. Motor vehicle crashes on the S-curve spiked in the weeks after it was completed for public use, and Caltrans sought to mitigate the perilous nature of the S-curve by imposing a slower speed limit and then installing “rumble” strips.

Lawsuit’s Documents Recount Quick Adoption of Shaky Standards for Temporary Bridge Passage
The lawsuit accused Caltrans of negligence in setting up a “concealed trap” by requiring motorists to negotiate the very sharp, unbanked turn of the S-curve while driving over a roadway with narrow lanes and shoulders as well as a substandard railing. The lawsuit’s documents also show that the S-curve, which was designed in 2003, fell short of freeway standards set by the American Association of State Highway and Transportation Officials (AASHTO). Caltrans had hitherto heeded guidelines set by the AASHTO, but proceeded with construction of the S-curve after waiving the organization’s restrictions and subsequently tightening up the curve’s turns. However, plans for tightening the S-curve were not blueprinted by the curve project’s original engineer, but instead by a different Caltrans engineer who, a deposition from the lawsuit states, never discussed the changes with the original engineer. The S-curve’s tightening is at the heart of what senior Caltrans officials said they never approved. Perhaps the most disheartening narrative to emerge from from the lawsuit documents, though, was the one strongly implying that Caltrans officials hastily proceeded with installation of the S-curve – in spite of its apparent shortcomings – because the agency was motivated by a desire to save money and time.
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Drivers often avoid driving alongside big rig trucks on freeways. Big rigs are also known as “18-wheelers”, semi-trailers, and tractor trailers. They are essentially large trucks usually used to deliver large loads of products throughout the United States. These big trucks obstruct the view of drivers directly behind them, make wide turns, tend to drive at a slower speed than the rest of traffic, and have huge blind spots. These blind spots, additionally widened because of the seating location of the drivers, can often lead to collisions with other drivers, both in cars and motorcycles, especially when truck drivers are changing lanes. This propensity of collisions of automobiles on freeways is not unheard of and unfortunately, there are many such accidents, but a collision between a big rig truck and any other vehicle can be especially dangerous.

Collision of Motorcyclist and Big Rig Leads to His Death

Last week, a motorcyclist collided with a big-rig in Vacaville. Frank Gonsalves, 36, the motorcycle driver, was taken immediately to a Sacramento hospital on that Thursday afternoon and suffered major head trauma and was deemed in critical condition. The accident occurred when the driver of the north-bound semi truck, Rickie Williams, and Gonsalves, going south on Nut Tree Road, collided with Williams who was attempting to make a left turn into the driveway of a Raley’s supermarket. City spokesman, Mark Mazzaferro, states that Gonsalves couldn’t stop in time from hitting the truck. Though Mr. Gonsalves tried to brake to avoid the collision, he was unable to do so, resulting in a collision with the front fender of the truck.

Even with years of experience behind the wheel, many drivers hold their breath when passing a big rig truck. The sheer size is frightening. Our San Francisco truck accident lawyer knows from experience that big rig crashes can have serious consequences for both the truck driver and fellow travelers. These cases can raise interesting and complex legal issues and all too often a company or insurer takes advantage of a victim who is looking to move forward from one of the most tragic days of their live. This is why victims of big-rig truck accidents must employ experienced legal counsel in order to obtain the full award to which they are entitled.

Bay Area Truck Driver Dies When Big-Rig Plummets Off Overpass Following Collision

A frightening big rig crash filled local headlines, including in the San Francisco Chronicle, on Thursday morning at around 6:45 a.m. A big rig truck, operating for Ace Hardware, was travelling west on Highway 37 when it collided with a pick-up truck. The big rig swerved, plunging off a highway overpass, and falling about thirty feet before bursting into flames. Witnesses, located on Highway 29, rushed to give aid. They found the truck driver hanging upside down, tangled in his safety belt. He was extricated from the truck and taken to a hospital where he succumbed to his injuries at around 7:10 AM (less than 30 minutes after the initial swerve). Authorities have identified the big rig’s driver as forty-four year old William Ballard of Citrus Heights. Firefighters allowed the fire to burn because they were not sure of its contents. The accident shut down a portion of Highway 37 westbound for nearly three hours and closed part of 29 North for five hours. The cause of the incident remains under investigation.

While it is often a necessity and an unavoidable part of construction projects, transporting large construction equipment is fraught with danger. Drivers should be able to trust that companies will take safety seriously, respecting the rest of those travelling on our roadways. Our Oakland heavy equipment accident lawyer is committed to helping those injured when companies fail to live up to their responsibility to California citizens.

overpass.jpgOn Wednesday morning, a truck transporting a large crane collided with an overpass just south of San Pablo Dam Road on Interstate 80. As reported by the Oakland Tribune, the collision occurred around 8:30 A.M. when the crane crashed into a traffic signal and light pole before ripping into the concrete underneath a pedestrian overpass. It took crews more than an hour to clean up pieces of concrete that blocked two of the lanes on Interstate 80 westbound, backing traffic up as far as the Hilltop Drive exit in Richmond. Lane closures lasted more than eight hours. After the crash, structural engineers inspected the overpass and repair crews used plywood to reinforce the four foot-long portion of damaged roadway and prevent additional debris from tumbling onto the road. Crews also made repairs to the road surface that was damaged by the fallen pieces of concrete. Engineers need to evaluate the need for longer-term repairs, with the pedestrian overpass remaining closed until further study is concluded.

Sam Morgan, a spokesman from the California Highway Patrol, told reporters that the trucking company may not have held the permits necessary for transporting the crane. In order to transport a load taller than fourteen feet, trucking companies must obtain a special permit and use a preapproved travel route. According to Morgan, Pio’s Trucking, the El Sobrante based company responsible for transporting the crane, did not follow the requirements despite the fact that the rig carrying the crane measured about seventeen feet from the ground at its highest point. CHP will continue their investigation and then turn the findings over to Caltrans. The company may face fines and be ordered to pay the cost of the road repairs if the official findings confirm they failed to get the needed permits. The Tribune reported that a representative who answered the phone at Pio’s Trucking confirmed the company’s involvement in the accident but failed to comment further.

car%20fire.jpgTraffic is a part of life for those of us who live in a dense urban area. In addition to be annoying and frustrating for those who are stuck in it, as our San Francisco car accident attorney knows, it can often be a symptom of a much more serious problem. The gridlock encountered by many who were driving on the 101 on Wednesday morning was a sad reminder that traffic can be more than just a headache for drivers – it can mean a serious injury or loss of life for those involved in the traffic-causing accident.

As the San Francisco Gate reported, all southbound lanes of 101 were closed for several hours Wednesday morning due to a fiery crash. The accident occurred around 5 am, when big-rig carrying cement overturned and caught fire. Several other cars were involved in the accident. One woman who was forced to stop pulled the truck driver out of the vehicle. The truck driver was then taken to San Francisco General Hospital. His condition is currently unknown. It is also unclear if any other drivers were harmed.

Before the highway was reopened, officials had to ensure that all debris had been cleared and that the road was structurally sound. This entailed removing the truck from the road and cleaning up all spilled fuel. In addition, Caltrans engineers were brought in to inspect the elevated freeway and guardrails before the traffic was allowed on the road.

In accidents like this, it is not always clear who is at fault, but those involved can benefit from seeking advice from a San Francisco truck accident lawyer. Investigations can take time and victims may not initially have enough information to determine if a negligence suit is appropriate. But experienced truck crash attorneys know that depending on the nature of items being transported, and what occurred, a variety of liability theories are possible.

For example, if a truck crashes which was carrying certain material, an ultra hazardous activity suit may be appropriate. Ultra hazardous activity liability differs from a negligence liability in that the level of care does not matter. In order to find a breach of duty in a negligence claim, the plaintiff must show that the defendant did not take the proper precautions. In contrast, in an ultra hazardous activity claim, the level of care taken is immaterial. No matter how careful the defendant was, if explosives, radioactive materials or wild animals were involved, the defendant can be strictly liable. For example, imagine the case of a truck driver transporting explosives. If the truck is rear-ended and catches fire, the driver may still responsible for the damages, even if he was not responsible for causing the accident, because the activity of transporting explosives is so dangerous.
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truck.jpgOur Sacramento car accident attorney knows that collisions involving children are some of the most heart-stopping incidents that strike on our area roadways. The potential for serious injury is highest when it involves a child who is hit while walking and not in another car. For example, late last week a young ten year old boy was hit by a FedEx truck while in the road near his school. KCRA News reported on the Sacramento pedestrian accident which occurred around 1:30 p.m. just outside the Beitzel Elementary School. According to the report the FedEx truck was heading north on Caymus Drive and was preparing to make a left turn on Chantel Way when his delivery truck struck the ten year old child.

Authorities are still investigating the situation to understand exactly what happened. The driver of the truck claims that he did not see the child enter the road. Apparently the child was struck by the side of the truck and thrown to the ground. The driver then proceeded forwarded being unaware of the child’s position, the rear wheels of the truck eventually ran over the boy on the ground. The child’s condition is still unclear, but it suspected that his pelvis was broken. The driver stopped at the scene and was questioned by authorities, though no citations have yet to be issued.

Our Sacramento pedestrian accident attorney has worked with many local residents who have been hurt in similar events. All cities have their fair share of these collisions, and unfortunately many of them could have been prevented if those behind the wheel had been acting in a reasonable manner. It is too early to determine any specific legal liability in this case, but it will be important for all those involved to ensure that the specific events which led up to the accidents are brought to light. Not every pedestrian accident is the fault of the driver, and it is imperative that all those walkers who are on or near the roadway conduct themselves in a reasonable manner as well.

On Friday, June 24, an Amtrak train bound for Emeryville from Chicago, crashed in Nevada, killing at least 6 people. It has been reported that a truck crashed into the side of the train, though a team of 18 investigators from the National Transportation Safety Board (“NTSB”) has not yet been able to determine how and why the crash occurred. The driver of the truck unfortunately died in the crash, however, leaving certain key questions unanswered.

In California, a party may bring a lawsuit in a variety of venues. Under California law, a party may file a lawsuit in the County where an injury, or the injury causing death occurs, or in the County where the defendants, or some of them reside, at the time the lawsuit is filed. Though this terrible train crash took place in Nevada, an injured person or the loved one of a person whose life was lost in this tragedy, may be able to pursue their claim in the State of California. Speaking with an experienced attorney is the best way to understand your rights. If you, or a loved one has been injured in this terrible Amtrak crash, or in any other train crash, please contact the Brod Law Firm for a free consultation.

A lawsuit has been filed in Alabama federal court over Freightliner heavy duty trucks manufactured by Daimler Trucks North America LLC, a division of Daimler AG. The Freightliner truck lawsuit is seeking class action status and alleges Daimler sold thousands of vehicles with defective rac-and-pinion steering systems. The complaint was filed in the U.S. District Court for the Northern District of Alabama. The lawsuit points out that Daimler has issued voluntary recalls of its rack-and-pinion steering systems. According to the recall notice the left hand inner tie rod may loosen over time and potentially separate from the steering rack under certain conditions, which could cause in the driver to lose control and potenially cause a catastrophic accident.

Here at thehttps://www.brodfirm.com Brod Law Firm we have safety advice for drivers when they approach commercial trucks during their everyday commute. Firstly, you should always be extra alert as you approach a large truck, as their blind spots are difficult to avoid. That being said, the following is a helpful tip for navigating a truck’s blind spot: If you can’t see a truck’s side mirrors, then that means the truck driver can’t see you. Also, you should never pass a truck on the same side it is signaling to turn. Trucks need to swing wide to negotiate turns safely, and the rear wheels follow a shorter path than the front wheels. As a result, you could get cought in the middle of the turn and collide with the truck. In addition, trucks require much more distance to stop in comparison to cars. Forcing a large vehicle to stop quickly can result in a fatal accident, so stay at a safe distance in front of trucks. And you should always use the proper procedure to pass a large truck or a bus on the highway–accelerate slightly and maintain a consistent speed while passing, and wait until you can see the entire cab in your rear-view mirror before signaling and pulling in front of it. Lastly, never attempt to cut off a truck in traffic or on the highway to reach your exit or turn.

If you of loved one suffered an injury due to a collision with a commercial truck, contact our office for a free consultation. We have over 10 years experience helping victims of serious traffic accidents get the compensation they deserve.

Last Friday, a driver of a crane truck on 2nd Street and Townsend struck a 72-year-old woman walking in the crosswalk, according to streetsblog.org. The accident occurred at 8:58am in front of San Francisco Fire Department’s headquarters, and even though multiple emergency medical technicians were on the scene immediately after the woman was struck, they were unable to save her life. The truck that struck her belongs to Sheedy Drayage Company, but there is no available information about the driver yet. Lt. Mindy Talmadge, San Francisco Fire Department’s spokesperson, said that the driver of the crane truck is extremely distraught. No one was placed in custody or under arrest at the time of the accident, as the matter remained under investigation. Ultimately, as in any case such as this, it will be up to the district attorney if any charges are filed. Already three seniors have died on San Francisco’s street this year– unfortunate events that should prompt the city to get going on pedestrian safety improvements.

Truck accident litigation is complex. When a commercial truck is involved in an accident that results in injury or death, a number of issues must be taken into consideration in order to determine the possible liable parties for an accident. For instance, if a distracted or drowsy driving were a factor, both the truck driver and their employer could be held liable for the results of the injury accident. At the same time, however, other issues may have also been factors that may not have been known at the time of the accident. Typically, under these circumstances, a third party investigation is conducted in to find other possible causes for the accident so that the liable parties can be discovered and held accountable for their negligent behavior. Under Federal Motor Carrier Safety Regulations, a trucking company is responsible for just about every act of their truck drivers. To determine who is responsible, it is important to retain the representation of an experienced injury accident attorney. Here at the Brod Law Firm, we have over 10 years experience handling injury accident claims arising from collisions involving different types of vehicles. If you or a loved one suffered an injury due to a collision with a truck, please contact our firm today.

Accordign to SFGate,The family of Tahir Sheikh Fakhar, 56, who died on November 9th, 2009, after his truck flipped over a Bay Bridge wall and plunged onto Yerba Buena Island, filed a wrongful death lawsuit against the state and civil engineers who designed and warned about the dangerous S-curve that caused the accident. After the deadly accident, Caltrans ramped-up signage and added rumble strips, flashing lights and other advisories to notify drivers to slow down. The speed limit on other sections of the bridge is 50mph. Before the accident about 43 crashes had been documented on the s-curve. The wrongful death suit was filed in San Francisco Superior Court and accuses Caltrans of negligence in designing the S-curve, part of a detour installed on the bridge while a new eastern span is constructed. The suit blames the poor design and lack of warning signs and signals, and seeks unspecified damages. Bart Ney, Caltrans spokesman, stated that increased enforcement of the sped limit and public awareness has cut down on the accident rate at the S-curve.
Ironically, the S-curve was constructed to keep drivers safe, as it replaced the seismically unsafe eastern span. The new speed limit is 40 mph on the curve, which is a 10 mph decrease from the rest of the span of the bridge. Back in October 14, 2009 around 2:30 p.m., another big rig overturned at the s-curve, which prompted Caltrans officials to approve better warning signs to alert motorists to slow down, which were insufficient in preventing Fakhar’s tragic accident. The semi-truck was driven by Manuel E. Garcia Jara, 55, who had reportedly traveled across the bridge many times, but had never navigated the new S-curve, which opened on September 8th. Like Fakhar, Jara was traveling over the 40 mph limit, when his 18-wheeler entered the curve and overturned on the westbound lanes. Prior to proper warnings, the sudden and unexpected curve did not give drivers enough time to slow down until it was too late and they had already lost control of their vehicles. These accidents highlight the need for Caltrans and its engineers to better analyze future construction projects in order to prevent such catastrophic accidents. Tax payer money goes into these projects, and the public expects a high standard of safety when Caltrans builds a new project– let’s hope they have learned from their mistakes.
If you or a loved have been injured in a car or trucking accident, please call the Brod Law Firm today. We have the experience necassary to help you win the compensation you deserve.

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