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
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.
— Grossman Law Offices