The massive weight and size associated with a tractor-trailers make these behemoths extremely dangerous when they are involved in a trucking accident in San Francisco or anywhere in California. One important factor in the safe operation of a tractor-trailer that is sometimes ignored is the appropriate choice of route for a fully loaded tractor-trailer. A fatal trucking accident that resulted in the conviction of commercial truck driver Marcos Costa for involuntary manslaughter last year provides a tragic example of the importance of route selection when driving a big rig.
Costa was originally charged with two counts of second-degree murder but was convicted of involuntary manslaughter after his out-of-control truck careened down a mountainous road and into a La Canada Flintridge intersection, causing a crash that killed a 12-year-old girl and her father. The prosecutors in the criminal case alleged that Costa was warned that the road was unsafe for big-rigs but ignored the warning. Costa sued the city, county and state of California claiming that the public entities were award of prior tractor-trailer accidents on this stretch of roadway but failed to take remedial measures.
During the fatal 2009 big-rig accident, the father and daughter were killed when the 25 ton double decker car hauler traveled down a steep incline from the San Gabriel mountains and plowed through vehicles stopped at an intersection and into businesses adjacent to the roadway. Law enforcement authorities and the prosecutor argued that the big rig driver took narrow winding roads through the mountains. The truck driver also ignored the warnings of an off-duty fireman who informed Costa that the road was not safe for his big-rig and directed him to turn around. If this was not evidence enough of the truck driver’s negligence, he poured water on his smoking brakes but did not allow them to cool before again setting off down the dangerous mountain roads.
The attorneys for Costa blamed the public entities responsible for maintaining the roadway for the fatal trucking accident. Costa’s attorneys contended that their client was simply following GPS directions. They emphasized that there were no signs warning that the road was unsafe for big-rigs and that there were no runaway truck ramps.
This tragic California trucking accident demonstrates the complex nature of determining the cause of many big rig collisions. Sometimes the negligence of multiple parties may contribute to a trucking collision so it is important to seek legal advice so that experienced trucking accident experts can investigate a trucking accident promptly. While the evidence may have been disputed, a wrongful death action may have been appropriate against the truck driver, trucking company and the public entities. The big rig driver and trucking company should determine a safe route before the driver takes off on a run. Routes on narrow, winding mountain roads with sharp grades should be avoided. By the same token, a public entity may have a duty to place warning signs if the road is unsafe for big-rigs, particularly if the location has been the site of past trucking accidents.
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If you are involved in a San Francisco truck accident, you may suffer catastrophic life-changing injuries. If you or someone you love has been injured or a loved one has died in a San Francisco semi-truck accident, you should contact us as soon as possible because critical deadlines apply. We invite you to contact our San Francisco truck accident attorneys at The Law Office of Ian Zimmerman for your free initial consultation. We are open 9:00 a.m. to 6:00 p.m., speak Cantonese and Mandarin Chinese, and are available for weekend, evening, home and hospital meetings and visits. We also offer free initial consultations and work exclusively on a contingency fee basis so that you pay nothing if we don’t win your case.