Jose Miranda, 26, Died In Oxnard Motorcycle Accident With Semi-Truck By The Intersection of East Hueneme Road and Arcturus Avenue
OXNARD, CALIFORNIA (April 13, 2022) – A motorcyclist identified as Jose Miranda has died in an Oxnard big rig truck accident by East Hueneme Road and Arcturus Avenue.
Ventura County police officials are saying that the accident took place around 11:08 a.m. on Friday. Jose Miranda was riding his motorcycle eastbound on East Hueneme Road when a semi-truck made a left turn in front of him.
The victim was unable to avoid the collision and hit the side of the semi-truck. Firefighters and paramedics were called to the scene of the collision in order to help the motorcyclist.
Despite life-saving measures from first responders, Jose Miranda died due to his injuries. The driver of the tractor-trailer truck remained at the scene and cooperated with police. A google street view of the intersection shows that a lot of semi-trucks travel in that area.
Liability In Oxnard Semi-Truck Accidents
Motorcyclists are overrepresented in fatal collisions. According to data from the National Highway Traffic Safety Administration (NHTSA), 5,014 motorcyclists were killed in 2019. Per vehicle miles traveled, motorcycle riders were nearly 29 times more likely to die than the occupant of a passenger vehicle and 4 times more likely to be seriously injured. Motorcyclists are particularly vulnerable to semi-trucks for a number of reasons.
- Semi-trucks can weigh 80,000 lbs and take the length of two football fields to come to a stop.
- Semi-trucks have a wide turning radius, which makes side impact collisions more likely.
- Semi-trucks have a high ground clearance which often leads to motorists underriding the truck.
- Semi-truck drivers are often forced to work long hours and can become dangerously fatigued.
Truck drivers must get a commercial license and are held to a high standard in terms of safety. They must exercise due care in order to avoid collisions. Still, many accidents are due to truck drivers that make dangerous left turns. Pursuant to California Vehicle Code 21801, the driver of any vehicle intending to turn left or make a U-turn in the roadway shall yield the right-of-way to all vehicles traveling from the opposite direction which are close enough to pose a hazard at any point during the turning movement. Truck drivers that turn left in front of motorcyclists will typically be held at fault.
Consider, for example, the case of Dominguez v. Pantalone 212 Cal.App.3d 201 (Cal. Ct. App. 1989). A motorcyclist was involved in a collision with a vehicle that made a left turn onto Sepulveda Boulevard. The motorcyclists was ejected from his vehicle after the crash and sustained permanent brain injuries. After a trial, the jury sided with the plaintiff and found the defendant wholly at fault for the collision due to their unsafe left turn. California’s Court of Appeal then denied the defendant’s request for a new trial.
If a truck driver was working at the time of a collision, their employer could also potentially be held at fault. In general, employers can be vicariously liable for the negligent actions of their employees – insofar as those employees were working within the course of their job duties. However, truck companies will often try to avoid liability for collisions by hiring drivers as “independent contractors.” It’s important to determine the employment of any truck driver at the time of a collision. There are many other items that should be investigated after a truck crash.
- The work records of the truck driver should be examined.
- Surveillance footage should be sought.
- Eye witnesses should be interviewed.
- Medical records should be preserved.
- The truck’s event data recorder (EDR) should be reviewed.
The family of any victim that died in a semi-truck accident may be able to seek some measure of justice through a wrongful death claim. Damages can help cover many of the expenses that come with the sudden and tragic loss of a loved one. If a victim survived for some period after a collision their family may also be able to pursue a survival action. A wrongful death attorney can examine all of the unique facts of your case and let you know what your legal options are.
Investigating An Oxnard Semi-Truck Accident
We at TorkLaw extend our deepest condolences to the family of Jose Miranda. Any person that may have more information about what happened should reach out to police. There needs to be a thorough investigation for the sake of all who have lost so much. Far too often, truck accidents are due to companies that are trying to maximize their profits by cutting corners with safety requirements.
Do you need more information about an Oxnard motorcycle accident? Our team of consumer safety advocates are here to answer any questions that you may have. We are committed to helping accident victims understand their rights and ensuring 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 can reach out to us anytime at (888) 441-4991.
