Chula Vista, CA — A man was killed in an accident with a semi-truck in Chula Vista, California, on Monday, September 15, 2014. The accident took place on Interstate 805, near H Street, around eight in the morning.
According to reports, truck driver Clarence Jones lost air pressure and parked his truck on the shoulder of the interstate. Moments later, he and his two children who were inside the cab of the truck with him heard another vehicle crash into the back of the truck.
Jones found the car on fire and with a fire extinguisher was able to put out the flames. The driver of the vehicle died in the accident. Police have not yet released his name.
The accident is still being investigated, although police believe the man may have been trying to pass traffic on the shoulder before colliding with the truck.
Local firefighters and officers with the California Highway Patrol were called in to help clear the wreckage.
Scene of the Accident
Commentary:
If the news articles are accurate, it seems as if the victim is responsible for this accident. But there are some details that haven’t been reported on that could change things quite a bit for the truck driver. Let’s say a truck driver had a problem with his semi and pulled over on the side of the road. That’s all good and well, but there are federal laws truck drivers have to follow whenever they pull their vehicle off the highway. They have to have their hazards flashing, and have to display orange safety triangles and flares at certain intervals. Also, a truck can’t just stop a couple of inches off the shoulder and call things good. There’s a minimum distance the truck needs to be from the roadway. If our fictional truck driver failed to do those things, he’s going to bear some of the liability for an accident – that’s what happens when you don’t follow the rules.
Yes, reports seem to place the driver of the car in the wrong, but I think it’s important not to rush to judgement. If the semi-truck was sticking out into the road at all, this accident suddenly begins to look very different. There are scenarios in which we could place blame on both drivers, and equal attention should be given to both.
— Grossman Law Offices
