Update [November 20, 2013]: The driver killed in this accident has been identified as Guy Spells, 59.

Victorville, CA — There was a fatal accident early Monday morning (November 18) after an 18-wheeler truck was hit by a passenger car just off I-15 in Victorville. Police haven’t identified the victim yet, but said that his car crashed into the back of an 18-wheeler that had pulled onto the shoulder of Stoddard Well Road at about 5:40 a.m.

The 18-wheeler driver said that he had grown tired and was pulling over to rest when he was rear-ended by a car that wedged itself underneath the trailer. The collision happened on a stretch road where the speed limit was 70 mph and the driver of the car was killed immediately.

Police said they think the driver may have fallen asleep, but said they’ll investigate further.

Scene of the Accident

Commentary:

The news reports here are fairly straightforward in their portrayal of this accident, and it’s clear that the driver killed is at fault. However, I noticed that the semi-truck driver had just pulled off the highway to rest because he was tired. Is it possible that the truck wasn’t completely off the roadway when it came to a stop? In any kind of accident, you have to divide the fault among the parties involved – this is typically a jury’s job. So who has the most fault in an accident like this one? Well, the trucking company would argue that their driver wasn’t at fault because he was stopped on the side of the road. But, an attorney worth their salt will know that truck drivers are bound to follow the FMCSA, which supersedes state laws and regulations. The FMCSA also has rules about parking on the shoulder of highways and interstates. Given the early hour at which this accident happened, it would be worthwhile to investigate the matter further if only to confirm the news reports.

 

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Recent Comments to the Blog

Jason is back to work and is now playing Sled Hockey and wheelchair rugby!! Jason is the strongest and most amazing man! He may nly have 1/2 a leg, but that is ALL he is lacking!! Thanks to prayer and GOD and awsome first responders and Baylor doctors. Jason's wife, Sheila
— Sheila
I'm a former employee. I had brought up this exact scenario and suggested a maintenance procedure that would eliminate the possibility of this type injury. Obviously my warning went unheeded.
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I was actually a couple cars back from this wreck, one of the first on the scene, and helped administer CPR on the victims. The truck driver was going way too fast, but it was actually his trailer that swung around and hit the suv, the semi-truck ended in the median.
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Thank you for posting these accident articles on your site. At the company that I work for, e deal with monitoring construction activity and work around trenches and all sorts of construction equipment/vehicles. I sometimes wonder if construction companies have enough safety training to inform employees of how to protect themselves while on the job.
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