Rafael Miramontes, of Selma, Died In Fresno County Tractor Trailer Truck Accident By The Intersection of Highway 99 and Manning Avenue Near Fowler
FRESNO COUNTY, CALIFORNIA (July 23, 2022) – A man identified as Rafael Miramontes, 57, died in a Fresno County semi-truck accident by Highway 99 and Manning Avenue.
Fresno County police officials are saying that the accident took place around 7:30 a.m. near Fowler. Rafael Miramontes was traveling down the road with a juvenile passenger when a big rig merged into his lane.
The victim’s car hit the back of the trailer being hauled before bursting into flames. Firefighters and paramedics were called to the scene of the collision in order to help all of those that sustained injuries.
A passenger in the car was able to make it out safely. Despite the best efforts of first responders, Rafael Miramontes was pronounced dead at the scene.
It remains unclear if the driver of the semi-truck will face any citations following the crash. A full investigation remains ongoing at this time.
Liability In Fresno County Semi-Truck Accidents
Fatigue is one of the leading contributing factors behind serious car accidents. According to one peer reviewed article published on Springer, “Truck drivers often drive for long hours and at all times of the day and night, conditions that expose them to the effects of fatigue and circadian rhythms. Fatigue and circadian effects on vigilance performance are well-established.” The Centers For Disease Control estimates that staying awake for only 18 hours can reduce a person’s driving ability equivalent to driving with a BAC of 0.5%. There are several other factors that could potentially contribute to truck accidents.
- Trucks have large blind spots that exist all around the vehicle.
- Trucks can weigh as much as 80,000 lbs and take the length of two football fields to come to a stop.
- Trucks have a high ground clearance and are more prone to being involved in under-ride collisions.
Semi-truck drivers will typically need to get a commercial license. They are held to a high standard in terms of safety and expected to follow all rules set forth in Title 49 of the Code of Federal Regulations. This includes taking periodic brakes and limiting the amount of hours they work each day and week. Many collisions are due to truck drivers that make unsafe lane changes. Pursuant to California Vehicle Code 22107, no person shall move right or left upon a roadway unless such a movement can be made with reasonable safety after they have given an appropriate signal for their intention.
When a truck driver is negligent, their employer could potentially be held at fault. In general, companies are liable for the wrongful acts of their employees – insofar as those employees were working within the course and scope of their job duties. For example, a truck driver may have been delivering goods to some destination. However, many truck companies will try to avoid liability for crashes by hiring their drivers as “independent contractors.” It is important to determine the employment status of a truck driver at the time of a collision.
The company that loaded a semi-truck could also potentially bear some liability for a collision. One study by the FMCSA found that cargo shift was responsible for nearly 4% of the collisions that they studied. Trucks that are not loaded properly are more likely to jack-knife or otherwise go out-of-control. Overloading a truck can also cause its brakes to wear out more quickly and thereby contribute to a crash. There are a number of things that should be investigated after any truck accident.
- Surveillance footage should be sought.
- Medical records should be preserved.
- Eye witnesses should be interviewed.
- The truck’s event data recorder (EDR) should be reviewed.
- A thorough, independent investigation should be conducted.
The family of any victim that died due to the negligence of a truck driver may have legal recourse through California Code of Civil Procedure 377.60. Potential beneficiaries in a civil claim may include a victim’s spouse and dependent children. Damages can help cover lost wages, medical bills and pain and suffering. Unfortunately, truck companies will often fight hard to deny liability for any collision. A wrongful death attorney can examine all of the unique facts of your case and let you know what your legal options are.
Investigating A Fresno County Semi-Truck Accident
We at TorkLaw extend our deepest condolences to the family of Rafael Miramontes. Any person that may have more information about what happened should reach out to police. There are so many questions that need to be answered. Was the truck driver involved in this crash properly licensed? Were they adequately trained? Were they potentially distracted prior to the crash?
Do you need more information about a Fresno County semi-truck accident? Our team of consumer safety advocates are here to answer any questions that you may have. We care deeply that accident victims are aware of their rights and that those rights are being protected. Whether you just have legal questions or need a free, independent investigation into an accident we are here for you. You’re always welcome to reach out to us anytime at (888) 441-4991.
