According to a report from ABC 10, a pedestrian was killed after being hit by a semi-truck near Stockton, California. The fatal crash happened on the southbound lane of Highway 99, just before 5:00 AM. Here, our Stockton semi-truck accident attorney explains what we know about this tragic crash and discusses the extreme risks that commercial trucks pose to pedestrians in California.
The Crash: Pedestrian Killed After Being Hit By Semi-Truck in Stockton
A terrible deadly pedestrian accident was reported in Stockton, California. The tragic crash—which involved a 2015 Peterbilt tractor trailer—occurred pre-sunrise in the early morning hours of Friday, May 17th. It happened on the southbound lanes of Highway 99 in Stockton, a little south of the Cherokee Road intersection. The pedestrian, an as-of-yet unidentified male who was walking in the road, died from his injuries. The California Highway Patrol (CHP) reports that the fatal pedestrian collision is still under a more comprehensive investigation.
Large Commercial Trucks Pose a Serious Risk to Pedestrians
Pedestrian safety remains a very serious concern in California. The Office of Traffic Safety (OTS) estimates that more than 1,000 pedestrians/cyclists are killed in motor vehicle collisions in the state each year. While all vehicles pose a safety hazard to pedestrians, large commercial trucks are especially dangerous due to their immense size and weight. Tractor trailers large trucks have longer stopping distances and larger blind spots compared to smaller vehicles. It is a combination that dramatically increases the risk of accidents involving pedestrians. Further, the high clearance of semi-trucks also poses a specific danger. Not only may truckers fail to notice a pedestrian, but a person who is struck by a tractor trailer canmore easily be trapped or run over. If a pedestrian is hit by a large commercial truck, he or she can suffer catastrophic harm, including:
- Broken bones;
- Traumatic brain injuries (TBIs);
- Loss of limb;
- Spinal cord trauma; and
- Death.
Understanding Pedestrian/Truck Accident Liability in California
Here is a key point for victims and families: A trucking company is not automatically liable for a pedestrian collision in Stockton. Under California law, motor vehicle accident liability—including truck accident liability and pedestrian accident liability—is determined based on fault. A negligent party can be held liable for a crash.
Truck drivers are required to follow specific traffic safety regulations—including speed limits and rest period requirements. Trucking companies have a duty to ensure that drivers have a proper CDL and that the truck and trailer meet all maintenance standards. At the same time, pedestrians must also exercise reasonable care. A pedestrian could be held partially at fault for their own injuries.
California is a pure comparative fault state. Each party to a truck/pedestrian crash is liable for their share of the fault. Imagine you are a pedestrian who suffered $100,000 in damages in a crash in Stockton. If you are found 0 percent at fault for your accident, you can seek compensation for the full $100,000. However, if you are found liable for 20 percent of your own crash, you would be liable for 20 percent of your own damages ($20,000).
Victims and Families Deserve Justice and Compensation
When a truck strikes a pedestrian, the consequences can be downright catastrophic. It is imperative that victims and families are able to get justice and the absolute maximum financial support. However, sadly, trucking companies and their insurance carriers cannot be relied upon to look out for your rights or your interests. At Redkey Gordon Law Corp, we fight for the rights of victims and their families. Through a pedestrian accident claim, financial compensation may be sought for:
- Ambulance costs;
- Emergency medical treatment;
- Medical bills;
- Health care costs;
- Physical therapy;
- Loss of wages;
- Diminished future earnings;
- Pain and suffering;
- Mental distress;
- Long-term disability; and
- Wrongful death.
Taking On Trucking Companies is Never Easy After a Bad Crash
Commercial trucking companies are generally defended by large, aggressive insurance companies. Unfortunately, these insurers can make the legal claims process especially challenging for victims and families—including pedestrians who have been struck by a tractor trailer. Here are four tips for dealing with a truck company’s insurance carrier after a crash:
- Avoid a Statement: As an injured pedestrian, you are not required to give a statement to the truck company’s insurer immediately after a collision. Indeed, it is advisable not to give a recorded statement to the truck company’s insurance carrier without first seeking legal advice. Your Stockton, CA semi-truck accident lawyer will handle insurance adjusters.
- Be Careful About What You Sign: Before signing any documents provided by the insurance company, ensure you fully understand their implications. These could be releases or settlements that undervalue your claim. It is best to have them reviewed by an experienced Stockton, CA semi-truck accident attorney.
- Be Patient in Settlement: Insurance companies often benefit from quick settlements that may not fully cover all damages. As a general matter, injured pedestrians should resist the urge to settle quickly. You should be sure that you understand the full value of your personal injury case before you agree to accept a settlement from the insurance company.
- Get a Stockton Truck Crash Lawyer: You do not have to take on the truck accident injury claims process alone. Trucking companies—and their insurers—have legal counsel. A top-rated Stockton commercial truck accident attorney can level the playing field and help you seek justice and the maximum financial compensation for your injuries.
Speak to Our Stockton Semi-Truck Accident Lawyer for a Free Case Review
At Redkey Gordon Law Corp, our Stockton semi-truck accident attorney has the skills and experience to take on pedestrian injury cases. If you or your family member was struck by a large commercial truck as a pedestrian, please do not hesitate to contact us today for your free, strictly confidential initial consultation. From our legal office in Stockton, we handle semi-truck accident claims in San Joaquin County and all across the entire region.
