Four people from the same family -- Matthew Jay Smith, 48, Laura Katharine Smith, 19, Richard Smith, 80, and Sally Smith, 74 -- were killed in a San Francisco car accident after their SUV was rear-ended by a big rig on Jamieson Canyon Road in Napa Valley. According to a news report in the Napa Valley Register, the fatal truck accident occurred the morning of June 3, 2010 when a westbound large truck driven by 42-year-old Gustavo Lopez slammed into the back of the victims' Subaru Forester, which was stopped for rush-hour traffic. The impact of the collision pushed the SUV into the path of an eastbound big rig carrying concrete pipes. That tractor-trailer, driven by 44-year-old Luis Marabilla, crushed the SUV.
"Gross Inattention"
All four victims were pronounced dead at the scene. Lopez's truck also hit a Chevy flatbed truck driven by Hilario Trujillo Jr., 33. California Highway Patrol officials say Trujillo and Marabilla were not injured, and that Lopez was traveling too fast, given the slow traffic conditions and the size of his truck, to stop in time to avoid the crash. CHP officials say the crash was caused by "gross inattention." Alcohol or drugs were not factors in this crash, officials say. Authorities could file criminal reckless driving or vehicular manslaughter charges in this case.
My heart goes out to this family, who has lost four of its beloved members. What a horrible tragedy! Please keep this grieving family in your thoughts and prayers.
Accident Statistics
According to the Federal Motor Carrier Safety Administration's (FMCSA), truck accident statistics, there were 304 fatal truck accidents and 3,196 injury crashes involving truck accidents, in California, in 2008. In Napa County, in 2008, 15 people died and 770 were injured as a result of traffic accidents.
Laws and Liability Issues
Based on this news report, it appears that Gustavo Lopez, the truck driver who rear-ended the Subaru, was traveling at an unsafe speed given the stop-and-go traffic conditions on Jamieson Canyon. California Vehicle Code Section 22350 requires that "no person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property."
In this case, if the truck driver is determined to have been at fault, the deceased victims' family members can file a wrongful death claim against the truck driver and his employer seeking compensation for funeral expenses, loss of future earnings, loss of love and companionship, and other related damages. An experienced San Francisco personal injury lawyer will be able to advise victims and their families about their legal rights and options.
What safety tips would you offer motorists to drive safely when near large trucks?
The BISNAR|CHASE personal injury law firm is not representing any of the parties mentioned in this article at the time the article was posted. Our information source is cited in the article. If you were involved in this incident or a similar incident and have questions as to your rights and options, call us or another reputable law firm. Do not act solely upon the information provided herein. Get a consultation. The best law firms will provide a free consultation. We provide a free, confidential consultation to not at fault persons named in this article. The free consultation offer extends to family members as well.
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