James Merrifield, 28, Died In Hilmar Car Accident With Tow Truck on Lander Avenue Near American Avenue
HILMAR, CALIFORNIA (December 7, 2022) – A 28-year-old man identified as James Merrifield died in a Hilmar tow truck accident near his home on Lander Avenue.
Merced County officials are saying that the collision took place around 5:40 p.m. on Monday. James Merrifield stopped in his Honda Civic to turn into the driveway of his home when he was rear-ended by a tow truck driver from Turlock.
The force of the impact caused the Honda Civic to strike the passenger side of a tanker truck. Molasses began leaking into the roadway after a valve on the tanker was sheared off.
Paramedics were called to the scene of the collision in order to help the victim. James Merrifield was taken to the Emanuel Medical Center in an ambulance with critical injuries.
Despite life-saving measures, he later died at the hospital. An investigation into the deadly tow truck accident remains ongoing at this time.
Liability For Hilmar Tow Truck Accidents
Thousands of people are killed or seriously injured every year in truck accidents. These collisions are typically complex and may be attributed to a number of factors. According to the FMCSA, “Elements that influence the occurrence of a crash may take place hours, days, or months before the crash. They include driver training and experience, vehicle design and manufacture, highway condition and traffic signaling, and weather conditions.” There were several critical events that proceeded the vast majority of truck accidents.
- The truck driver ran out of room in their travel lane and went into another lane.
- The truck driver lost control due to speed, cargo shift, vehicle systems failure or other reasons.
- The truck driver collided with the rear of another vehicle in their own lane.
The driver of any tow truck transporting over 10,000 lbs will typically need a commercial driver’s license in California. They are held to a high standard in terms of safety. Tow trucks can be difficult to handle given their size and weight. Many tow truck accidents are due to tow truck driver’s that are speeding or following the lead vehicle too closely. Pursuant to California Vehicle Code 21703, no person shall follow another vehicle more closely than would be reasonable given the prevailing conditions of the roadway. Any driver that rear-ends a vehicle in their own lane of traffic will typically be held at fault for the collision.
The company that a tow truck driver worked for could potentially be liable for a collision. Generally speaking, companies are liable for the wrongful actions of their employees – insofar as those employees were working within the course and scope of their job duties. For example, a tow truck driver may have been transporting a vehicle or on their way to transport a vehicle. However, it is common for tow truck companies to try to evade liability for collisions by hiring their drivers as “independent contractors.” There are a number of steps that should be taken after any tow truck collision.
- The employment status of the tow truck driver should be determined.
- Eye witnesses should be interviewed.
- Photos of the accident site should be taken.
- A thorough, independent investigation should be conducted.
It can be difficult to know where to begin after any fatal collision. However, it is important for accident victims to know that they do have rights. The family of any person that is killed due to the negligence of a tow truck driver will typically have recourse through a civil claim. Damages in a civil claim can help cover many of the expenses that can come with the sudden loss of a loved one. It is extremely important that all evidence is properly preserved after any collision.
Investigating A Hilmar Tow Truck Accident
We at TorkLaw extend our deepest condolences to the family of James Merrifield. Any person that may have more information about what happened should reach out to authorities. There needs to be a thorough investigation for the sake of the victim’s family. It is our sincere hope that measures will be considered to prevent other tragedies like this.
Have you or someone that you care about been injured in a Hilmar collision? Our team of consumer safety advocates are here to answer any questions that you may have. We care deeply that accident victims are aware of their rights and that those rights are being protected. Whether you just have legal questions or need any type of assistance after a collision we are here for you. You can reach out to us anytime at (888) 441-4991.
