One Killed After Rear-Ending Parked Semi Truck in Modesto, California
According to the Modesto Bee, one man was killed and another injured in a collision with a semi truck in Modesto, California. The wreck occurred around 4:30 p.m. Tuesday, February 21 when the driver of a Kia swerved and struck the rear of a parked 18-wheeler. A male passenger in the Kia was pronounced dead at the scene, while the driver was taken to a local hospital with serious injuries. Police believe speed to be a factor in the accident.
Commentary The question in this accident becomes the relationship of the parked semi to the roadway, and the note about excessive speed. We've litigated several 18-wheeler accidents in the past where a truck was illegally parked on a roadway, such that an accident was the proximate cause of that vehicle's position. Now, the link to excessive speed could mean that a determination of comparative fault must be made, in which multiple parties' actions are compared with one another to understand their contribution to the accident. In most accident instances, liability is a shared entity, with this percentage determining if civil strategies exist moving forward.
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