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Demas Law Group
701 Howe Ave, Suite A-1
Sacramenta, CA 95825
(916) 444-0100
Million Dollar Advocates

4 Fatalities in Napa Big-Rig Accident

by John Demas on 06/07/10 at 2:47 pm
Posted in: Auto Accidents, Trucking Accidents

Mon, Jun 7, 2010

Four people died Thursday morning in an accident involving two big-rigs on state Highway 12 east of Kirkland Ranch Road, near American Canyon. A tractor trailer big-rig was traveling west bound on the two lane highway behind a Subaru Forester when traffic began to slow to a stop. The big rig rear ended the Subaru and pushed it into the opposing lane of traffic directly in the path of an east bound big-rig.The east bound big-rig struck the car head on and pushed it about 200 feet before coming to a stop. CHP reported that all four occupants of the Subaru were declared dead at the scene. According to the CHP, the Subaru’s driver was 48-year-old Matthew Jay Smith of Ashland, Oregon, his daughter 19-year-old Laura Smith, and his parents, 80-year-old Richard Smith and 74-year-old Sally Smith.

We are sending our deepest condolences to the family of the deceased victims. It is indeed a tragic lost. We hope that the truck driver is recovering well from his personal injuries.

Trucking Accident Attorneys

According to the National Highway Traffic Safety Administration (NHTSA), 5,374 people were killed during 1998 in collisions involving large trucks. In those fatal collisions, 86 percent of the victims were occupants of another vehicle or not in any vehicle. Because of their size, big-rigs represent an especially dangerous threat on the roadways. In many instances, the conduct of the big-rig driver and/or their employer can greatly increase the risk of the general motoring public. Statistics show that many of the big-rig collisions resulting in injury or fatality are caused in part by the following:

  1. Truck driver fatigue caused by driving long hauls while failing to comply with minimum sleep and continuous driving regulations;
  2. Use of drugs by drivers to assist in driving long hours and for recreation and failure to maintain an effective drug testing program;
  3. Failure to maintain the tires, brakes and other mechanical conditions of the tractors and trailers through minimum required inspections;
  4. Trucks with loads that over the weight limit or that are subject to shifting due to improper balance or lack of restraint;
  5. Excessive speeding and other driving violations often ignored by the employer;
  6. Lack of training and minimum experience requirements.

In the above scenario, the big-rig that struck the Subaru from the rear violated Vehicle Code §22350 and possibly other regulations, and is legally responsible to the families of the victims for wrongful death damages, including funeral expenses, an loss of income or support, as well as loss of love, affection and companionship. Unfortunately, the victims of a big-rig or truck collision often have a difficult time obtaining fair compensation, sometimes because the trucker is from out of state and the insurance company is an obscure commercial carrier with experience in avoiding payment of claims. Injured victims or the family of a deceased victim are urged to obtain the legal assistance of a Personal Injury Attorney, who will investigate the causes of the collision and protect their legal rights to be compensated appropriately.

The Demas Law Group personal injury law firm is not currently representing anyone mentioned in this article at the time it was posted. If you were involved in this incident or a similar incident and have questions as to your legal rights and options, call us or another well recognized and respected personal injury law firm. Please do not rely or act solely upon the information provided in this article. Please consider getting a consultation immediately. The best personal injury law firms will provide a free consultation. Demas Law Group will provide a free, confidential consultation to the persons who were not at fault named in this article. The free consultation offer extends to family members as well.

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