San Diego NEWS 6 reported that an unnamed Claremont woman was seriously injured when a dump truck collided with her vehicle. According to San Diego Police lieutenant Andra Brown the truck accident occurred at around 9 a.m. at the off-ramp of state Route 163 at Kearny Villa Road. The 39-year old woman, was driving a 2003 Toyota Corolla, when the truck ran a red light and struck her vehicle. She sustained major injuries and was taken to a local hospital.
Applicable California Law
California Vehicle Code 21453 requires the driver of a vehicle who is approaching a red traffic light, to stop before entering an intersection. The facts seem to indicate that the dump truck entered the intersection and ran the red light, while the Toyota entered on a green light. Seemingly the driver of the truck would be at fault and liable for the any injuries or damages sustained by the woman driving the Toyota. However, if there are no independent witnesses, liability remains an issue of facts determined by each party’s statement’s and any physical evidence. If there are conflicting statements, then expert witness analyses of the facts such as the location of the vehicles relative to the intersection, phasing of the traffic signal, and the points of contact on the respective vehicles, which could be used to determine liability. Opinions by experts on accident reconstruction and human factors will also be used to determined liability if independent witnesses are not available or the parties’ version of events and credibility alone is insufficient.
When large vehicles, such as dump trucks, are involved in accidents, serious injuries or wrongful death can result to the parties involved. Auto accidents, truck accidents, or any vehicular accident resulting in death or serious injuries, can change the life of those involved and that of their family members. Before any action is taken by the victims or their family members, consulting with an experienced personal injury attorney is critical.