San Diego News 10 reported that 56-year-old Insixiengmay and 59-year-old Tem Thirakul were fatally injured when the vehicle in which they were riding was struck by a Federal Express Tractor Trailer on October 13, 2011. The auto accident happened at around 10 p.m. when their Honda Civic, being driven by a 35-year-old woman, lost control and veered into the path of the truck as the car was entering Interstate 805 at Clairemont Mesa Boulevard. Both victims were pronounced dead at the scene and their driver was transported to Sharp Memorial Hospital. The California Highway Patrol is continuing to investigate the incident.
Our sympathy goes out to the victims families and friends.
Applicable California Law
At first blush it would seem that the Honda driver was at fault for violating California Vehicle Code 21804 (a), which requires a vehicle entering a highway to yield the right of way to any vehicle approaching that is close enough to constitute an immediate hazard. On the other hand, if the driver of the truck could have avoided the collision or minimized the impact by being more attentive and or taking evasive action, he could be partially responsible and comparatively at fault. Thus, both drivers as well as Federal Express, which is the truck drivers employer, have potential liability for the victims wrongful death (see my prior Blog post San Diego Woman Killed by Auto Accident Debris for Wrongful Death Law in California). The driver of the Honda also has a potential personal injury claim, which would be reduced in proportion to her contribution to causing the accident and her injuries.
A tragic loss of life on Halloween evening. Truck accidents resulting in auto accidents most often result in wrongful death or serious injuries. Exploring the best strategies as to obtaining fair compensation and justice is the benefit of consulting an experienced personal injury attorney.