Case details

Tractor-trailer’s blocking of highway caused death: heirs

SUMMARY

$1000000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
death, loss of society
FACTS
On Feb. 19, 2013, at around 5:20 a.m., claimant’s decedent, a 62-year-old Stockton City employee, was on his way to work at the Stockton Public Works Department, driving his 1988 Nissan Sentra on State Route 26. Approximately 0.1 miles east of White Lane, east of Stockton in the county of San Joaquin, a truck driver backed his tractor-trailer combination from the highway into a narrow driveway next to his home. The big rig, consisting of a Kenworth tractor and a 50-foot-long flatbed trailer, blocked both lanes of Highway 26, a two lane road. Since it was dark and there were no street lights nearby, the tractor’s high beam headlights were on, pointing toward an oncoming lane. As the decedent’s approached the area, his vehicle collided with the trailer, resulting in his death. Two subsequent vehicles also collided with the trailer, but they only sustained only minor . The California Highway Patrol determined that the decedent was not wearing a lap or shoulder harness, and that airbags were not required in the decedent’s vehicle. The decedent’s heirs and the two drivers that subsequently struck the trailer brought claims against the operator of the tractor-trailer. Claimants’ counsel contended that the truck driver blocked both highway lanes while attempting to back the big rig into a narrow driveway in the dark. Counsel also contended that because the tractor’s high beam headlights were on, pointing toward oncoming traffic, it made it impossible for oncoming motorists to see the big rig completely blocking the highway. Thus, claimants’ counsel contended that the decedent could not see the trailer blocking the road due to the headlights shining directly into his eyes, violating California Vehicle Code § 24409(a). In addition, counsel contended that the conspicuity tape on the side of the trailer was ineffective, which further made it impossible to see the trailer blocking the lanes at night. The respondent’s counsel contended the decedent was traveling too fast for the conditions, was inattentive, and was not wearing a seat belt or shoulder harness at the time of the accident. Thus, counsel contended that the decedent’s negligence caused or contributed to his death., The impact caused blunt force trauma to the decedent’s head and body. As a result, the decedent was pronounced dead at the scene. He was 62. The decedent’s heirs, which included a wife and four adult children (two from his latest marriage and two from a former marriage), claimed the decedent had worked for the city of Stockton for 17 years earning approximately $66,000 per year. They also claimed that he was expected to work another eight years. Thus, the decedent’s heirs sought recovery of wrongful death damages, which included the loss of the decedent’s financial support. The two drivers who subsequently collided with the trailer each sought recovery of damages for their minor and sought recovery for the property damage to their respective vehicles.
COURT
Matter not filed, CA

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