Tow Truck Driver Injured on Route 50
I’m Ed Smith, a Sacramento truck accident attorney. The driver of a wrecker who had stopped to help a disabled motorist along U.S. Route 50 in Sacramento on August 25 was struck by a motorist who crossed multiple lanes. The driver of the tow truck suffered major injuries in the crash.
The accident occurred shortly after 8:00 in the evening along the westbound side of the highway near Bradshaw Road after the tow truck had arrived to assist a person driving a Honda, according to a statement by the California Highway Patrol. The Honda had become disabled after striking a ladder that was in the road. After the Honda driver was seated in the truck on the road’s shoulder, the driver of the wrecker proceeded to hitch the smaller vehicle to tow it from the scene. About 15 minutes after the wrecker arrived, an Audi, heading west on the highway, veered across the lanes and collided with the driver of the wrecker and the truck itself with the Honda driver inside the vehicle. The driver of the tow truck was severely injured in this crash. No other injuries were reported in the incident, and no further information is available at this time on whether an arrest was made.
Drivers have the duty of driving in a manner that ensures safety for other drivers, pedestrians and motorcyclists. Breaching this duty and causing injury is a negligent act and one that results in liability for the financial cost relative to the accident. In order to be compensated for the monetary loss suffered in an accident, there are specific elements that must be satisfied.
Elements of Negligence
The elements of negligence are:
- Duty: Drivers owe a duty of care to all other motorists on the roadway. When a driver acts in a way that is not acceptable, such as speeding, driving distracted or driving under the influence of drugs or alcohol, that person is behaving in a negligent manner that could cause injury to others.
- Breaching the duty of care: By not obeying the rules of the road, a driver has breached the duty they have to others. In this case, the driver lost control of their vehicle, injuring the tow truck operator.
- Cause in fact: To satisfy this criterion, the plaintiff must show that if not for the defendant’s action, the injury to the plaintiff would not have occurred. In this case, the driver of the Audi failed to follow traffic rules and hit the tow truck driver, causing injury.
- Proximate Cause: In an accident, there is risk of injury to others. The risk must be foreseeable to the negligent driver. For instance, in this case, the Audi driver would be cognizant that crossing lanes of traffic and hitting someone standing on the side of the road would cause injury. However, if a bus, seeing the accident, also hit the tow truck driver, it would not be reasonably foreseeable to the Audi driver that this would occur. In this case, the plaintiff could not prove that the injury he or she suffered due to the actions of the bus driver reflected the Audi driver’s negligence.
- Damages: In an accident due to negligence, it is important to be able to prove that injury resulted in actual monetary damages.
How an Experienced Car Accident Lawyer Can Help
Consulting with an experienced Sacramento truck accident lawyer who can determine liability is a great advantage after you’ve been in an accident. Using police reports, accident reconstruction records and other pertinent data, the attorney can put together an evidence-based claim.
Sacramento Truck Accident Lawyer
I’m Ed Smith, a Sacramento truck accident lawyer. Accidents causing injury and sometimes death take a toll on both the family’s emotional and financial well being as well as an individual’s ability to support his or her family. If you have suffered an injury due to another’s negligence, please reach out to me by calling (916) 921-6400 for my friendly advice that is free of charge. Please use my toll free number (800) 404-5400 when calling from outside the area.
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Photo Attribution: Wikimedia Commons car-accident-1921347_1280.jpg
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