CALIFORNIA –  December 31, 2020

Both north and southbound lanes of Interstate 5 near Camp Pendleton were closed Thursday morning after a delivery truck crashed into the center divider, the California Highway Patrol said. Along with damaging 100 feet of guard rail, the crash resulted in gallons of fuel being spilled on the roadway. While there were no noted injuries, and the clean-up process was completed to re-open the roadway, tanker spills are dangerous to other drivers.  Accident lawyers can explain how truck accident damages are managed after fault is considered.

Driver actions to reduce tanker accidents.

  1. Controlling surges – liquid surges can cause trailers to roll over when braking even though some tanks have baffles that control forward and backward surges, they do not control side to side movement.  Consistent brake pressure can assist in surge control.
  2. Maintaining long stopping distances – a simple measure that will allow more reaction time, and decrease the likelihood of an impact.
  3. Drive smoothly to keep liquid from moving around too much and upsetting truck balance.
  4. Avoid skidding by driving with control, and moving slower in bad weather situations.
  5. Observe speed limits to make certain you are driving safely for the type of roadway you are traveling.  This will also allow more reaction time to other vehicles, or road and weather situations.

When a tanker truck overturns, or crashes into a fixed object, or vehicle, and the accident results in damages, a skilled personal injury attorney will try to build a case utilizing information on driver actions directly before the crash as one component that may have resulted in the harms.

Negligence.

If  a tanker driver’s negligence resulted in personal injury harm, or property damage, a lawyer must be able to prove that there was:

  • An owed duty of care,
  • a breach of duty,
  • causal connection resulting in the harm,
  • proximate cause,
  • measurable damages.

Damages.

California limits punitive damages in many cases, but allows for economic and non-economic damages that result from tanker truck accidents.  Drunken driving and other criminal actions are blatantly negligent acts, and may result in punitive damage awards as well as pending criminal action to be undertaken before, or during the civil action proceedings. An experienced truck accident attorney can help with the intricacies of a complex accident case by addressing federal trucking industry laws, criminal components, insurance coverage limits, degrees of fault and the severity of the accident damages toward a timely award that may include punitive damages.  Federal carrier laws may be called upon regarding insurance limitations and damage payments as well as adding multiple parties to a case action.

Hire a lawyer.

California truck accident lawyers can prove other individuals, or entities caused the harmful damages, but it is important to seek legal counsel shortly after an accident.  Contact the Law Offices of Jeffrey E. Estes & Associates, who can assist after a motor vehicle accident involving a tanker truck results in property damage, or personal injury loss of life.

 

Jeffrey E. Estes & Associates, a Professional Law Corporation

501 West Broadway, Suite 1650

San Diego, CA 92101

Phone: 619-233-8021

Fax: 619-233-3730

 

Sources:

https://www.statista.com/statistics/191544/fatal-large-truck-crashes-in-the-us/

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=23152

https://california.public.law/codes/ca_civ_code_section_3294