A 22-year-old Madera man died in an accident on Highway 99 near Adams Avenue, the CHP reported. The fatal Fresno County crash occurred around 12:30 a.m. Friday, May 21st. According to California Highway Patrol reports, a red mustang driven by Jonathon Moreno rear-ended a tractor trailer near Fowler. Moreno died at the scene. The driver of the big rig, who was not identified, was not hurt.
Investigators do not believe drugs or alcohol were a factor in the fatal accident, KMPH News said. This Hwy 99 accident is absolutely devastating and our sympathy goes out to the family of Jonathan Moreno and everyone who knew and loved this young man. Please keep his family in your prayers.
Truck Accident Liability Issues
This accident, the cause of which is still under investigation, raises a number of questions. Rear-end collisions involving semi-trucks and passenger vehicles have very unique legal issues, due to federal laws governing big-rig trailer bumpers. One of the issues in this accident is whether the semi-truck involved in this accident have an underride protection bar (also known as a rear-impact guard or DOT bumper), and did it meet federal Department of Transportation (DOT) requirements? The purpose of this standard, most recently amended in 2006, is to "reduce the number of deaths and serious injuries occurring when light duty vehicles impact the rear of trailers and semitrailers with a gross vehicle weight rating (GVWR) of 4,536 kg (approximately 10,000 pounds) or more." It is estimated that there are hundreds of tractor-trailer trucks on the road that do not meet safety regulations.
Rear-Impact Protection Underride Laws
Because trailers on big rig trucks often sit much higher than a passenger car, a dangerous situation known as "underride" may occur when a passenger vehicle rear-ends a tractor trailer. Rear guards, intended to prevent passenger compartment intrusion (PCI), were initially mandated in 1953, and were first known as ICC bumpers (Interstate Commerce Commission). The ICC was abolished in 1995, and the functions of the agency were transferred to the Surface Transportation Board, and then to the Federal Motor Carrier Safety Administration, an administration within the Department of Transportation. The laws that govern rear-impact protection on tractor-trailer trucks can be found in the Code of Federal Regulations ยง571.224 Standard No. 224.
Underride Accidents and Wrongful Death Liability
While this accident is still under investigation, the family of Jonathan Moreno would be well-advised to speak with an experienced California truck accident attorney about this accident and the family's rights in a wrongful death claim. An attorney familiar with the biomechanical aspects of truck crashes and FMCSA regulations can help the family understand and protect their legal rights. Depending on how the crash occurred, if the truck company was negligent in meeting mandatory federal laws, the family may be entitled to compensation for their loss in a wrongful death claim. Although no amount of money could ever bring back a loved one, holding negligent trucking companies responsible can help prevent future accidents from occurring and also alleviate the financial burdens of a sudden and unexpected loss. Compensation awarded in a California wrongful death claim can include funeral and burial expenses, loss of anticipated future earnings, loss of love, care and companionship, and other accident related expenses.
Sources: KMPH News, ABC 30 News, Code of Federal Regulations
jay will be missed!
jay you will be missed but never forgotten..
Primo.... Your spirit will live on thru us all!!!!! RIP! We will always love you!