UPDATE (March 20, 2019): Reports identified the victim as 54-year-old Nelson Cedeno Dominguez. The injured passenger has not yet been identified.

Pauma Valley, CA — March 14, 2019, one person was killed and another person was injured due to an accident in which an 18-wheeler overturned.

Authorities reported that the accident happened in the area of Route 76 and Rincon Ranch Road at around 8:00 a.m.

Investigators reported that the 18-wheeler was traveling along the highway, and police say it lost control while speeding. This caused the 18-wheeler to run off-road and flip over, landing upside down.

The driver of the truck died as a result of the crash. The passenger had to be airlifted to a hospital for treatment.

At this time, additional details surrounding the crash are unavailable.

Map of the Area

Commentary

It’s tragic to read about any accident like this, and most people understand that when a truck driver is hurt or killed on the job, recourse tends to fall under workers’ compensation. But for the passenger involved in an accident like this, things are a bit more complex. A lot of what comes next for passengers injured in a truck wreck depends on their relation to the driver.

If the passenger is a family member, friend, or otherwise not an employee of the trucking company, they likely have a claim against the trucking company. If what police say here is true, that speeding caused the accident, trucking companies are liable for the actions of their employees. That means a non-employee hurt in their vehicle is their responsibility.

But if the passenger is a co-worker, their potential recourse depends on whether or not they were “on the job” at the time of the wreck. If the passenger was in the course of their work duties, they’ll likely receive benefits through workers’ comp. However, there are times when the passenger isn’t technically working at the time of the crash. The best example of this is when they’re in the sleeper berth on long hauls. Since they’re off the clock not working, the legal theory is that they are essentially treated the same as a non-employee in the eyes of the law. As such, they may have a claim against the trucking company outside the confines of workers’ comp.

On top of all that, any potential claims also depend on what really caused the crash. Maybe police are correct, and speeding caused the crash, or maybe there are extenuating circumstances which have not yet been considered. This and other factors need to be more thoroughly investigated to know for sure.

–Grossman Law Offices

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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.
— Tophat
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.
— Leif Burton
I appreciate how you've commentated on this tragedy--informative, with questions, but not hurtful. I live within 30 mins of this crash site, and I am appalled at the entire situation :(. I can't even begin to understand what could have happened to make this come to fruition, but I will be keeping up with it so I can learn what investigations bring to light about how something awful like this could happen. Rest in peace, Thomas, Carolyn and Carolyn...
— Summer
I am Anthony Siffords daughter. im 13 and i miss my dad i just wanted everyone to know that he is in a better place now and i would to thank everyone for the support. i miss my dad but it was amazing to see how many people had been toughed by my dad god bless thanks for everything...
— Hannah Sifford
I am Rodney Palmer's sister-inlaw. I am amazed and grateful for all the heartfelt wishes and support for our family... It is difficult indeed to put our thoughts into words, but we very much appreciate your kind and helpful words at a time when these things mean so much. Losing someone as special as Rodney has been tough, but knowing the he has touched so many people's lives keeps my sister's strengthens our family.
— Maureen
A lot of people say smack about lawyers, but I want to say that I'm glad there is a way that people who are wronged by corporate neglect can get justice and force change. We are living in a world where corporations and govt care less than ever about common people, and I support your work. I hope I will never need your services.
— Martin Onasis
My friend Michael was the one who got hit by this train. This is the ONLY article I can find on it!! How is that possible? It happened almost 5 days ago! Thank you for actually caring about us "no name" people. I hope when more information comes in you will post it as soon as you can. Thank you again!! God bless you
— Leslie
Tony was the step Grant father and it's been hard for the whole family but we know he is in a better place now. It's nice to know that people are rasing awareness with my grandfathers story. Thanks, family and friends of Tony Wray.
— Mercedes Stanley
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.
— Erik Hofmann
I'd like to thank you for giving my cousin's death some type of recognition and letting our family know he is not a lost cause. Thank you <3
— Victoria

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