SUV Driver Killed After Crash Into Disabled 18-Wheeler in Fullerton, California

According to local news reports, an SUV driver was killed when his vehicle crashed into the rear of a disabled 18-wheeler in Fullerton, California. The accident occurred around 4:30 p.m. Wednesday, December 14 when the man's Toyota FJ Cruiser struck the truck in the shoulder of the 91 Freeway. The big rig was experiencing a flat tire at the time of the incident. California Highway Patrol continues to investigate the accident.

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Commentary
Though some may see this as a one-sided accident, I can assure you that in most commercial vehicle accidents, rarely is fault placed squarely on one party. When an accident does occur, a third party investigation is needed for liability purposes and to make apparent any civil strategies available.
If an 18-wheeler becomes disabled and moves to the shoulder of the freeway, federal law requires markers placed behind the rig at certain paces. An issue like this is where the investigation would begin. We litigated a case in the past with roughly the same fact pattern, in which the truck driver failed to place markers near his disabled rig at the crest of a hill. A motorist did not see the rig until it was too late and struck the trailer. A pattern like this could partially fault a truck driver or the owner of the rig.
As I mentioned earlier, liability usually does not fall on just one party. I'm sure many of my readers are noting the driver of the SUV who veered into the shoulder. This contingency would also be examined and could shift some liability of the accident onto the driver.

Texas 18-Wheeler Accident Attorney Michael Grossman