California Injury Blog
A fatal Santa Barbara personal injury accident took the lives of Leonel Leon, 22, Lorena Guadalupe Tellez-Pacheco, and Jaciel Tellez, 8 on August 24, 2010. According to a report in the Santa Maria Times, the truck driver and owner of the big rig, Joaquin Garcia Morales, rented a trailer that he loaded with 26 tons of gravel. As he was driving down a hill on Highway 152, he lost his brakes. The out of control big rig truck eventually came to halt when it collided with a 1,000 square foot wooden home.
The small 50-year-old wooden home was flattened and three of the occupants suffered fatal injuries. One of the families occupants had left the home moments before the devastating big rig crash occurred. In the height of the crash response, there were nine engines, a latter truck, two search and rescue vehicles, a search dog and 10 chief officers.
My deepest sympathies go out to the family and friends of the deceased victims. Please keep them in your thoughts and prayers.
What Caused This Big Rig Truck Accident?
Apparently, the driver/operator was aware of braking problems earlier in the morning … he apparently stopped to check on his brakes. So was it a brake maintenance issue? Have the brakes been serviced recently? Could it be that an auto defect caused the loss of brakes? Was it an overloading issue? Was the truck carrying more gravel than was safe?
Traffic Collision Claims
In California, the normal time to file a lawsuit (statute of limitations) in a traffic collision is two year. If there is a claim against a governmental agency, a claim of a dangerous roadway condition, a proper claim must be presented within 180 days. If the deceased family had a surviving child, which the news stories seem to indicate, the child would have a claim for compensation for his/her lost parents and sibling. In such a situation, a close family member will usually be appointed by the court to stand in for the child for the purposes of the litigation. Whomever brings a claim on behalf of the surviving child will have to request to be appointed “guardian ad litem” (guardian for purposes of the litigation) by the court through a formal motion to the court.
If you or a loved one has been seriously injured in an accident is in your best interest to consult with an experienced Santa Barbara car accident lawyer. A skilled lawyer will ensure you receive just compensation for your injuries.
The Bisnar Chase Personal Injury Attorneys is not representing any of the parties mentioned in this article at the time the article was posted. Our information source is cited in the article. If you were involved in this incident or a similar incident and have questions as to your rights and options, call us or another reputable law firm. Do not act solely upon the information provided herein. Get a consultation. The best law firms will provide a free consultation. We provide a free, confidential consultation to not at fault persons named in this article. The free consultation offer extends to family members as well.