Carlos Serna (Full Name: Carlos Cruz Serna), 51, Died In Arvin Tractor Trailer Truck Accident By The Intersection of Malaga Road and Sunset Boulevard
ARVIN, CALIFORNIA (September 16, 2022) – Kern County officials have identified Carlos Serna as the third victim of the Arvin semi-truck accident by Malaga Road and Sunset Boulevard.
Kern County officials are saying that the accident took place at about 10:00 p.m. on Friday. Carlos Cruz Serna was one of three people in a Honda traveling down Sunset Boulevard when it was broadsided by a Volvo tractor trailer that ran a stop sign.
Paramedics were called to the scene of the collision in order to help all of the victims. Sadly, Carlos Serna was beyond medical aid and died as a result of his injuries.
Two other occupants of the Honda were also killed in the crash. The driver of the tractor trailer remained at the scene and cooperated with police.
A full investigation into the crash that killed Carlos Serna remains ongoing at this time.
Liability In Arvin Semi-Truck Accidents
Semi-trucks can be extremely dangerous and are responsible for thousands of fatalities every year. Truck accidents tend to be complex events. 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 are a number of steps that truck drivers should take in order to avoid collisions.
- Truck drivers should be well rested before the start of their shift.
- Truck drivers should abstain from alcohol and other intoxicating substances.
- Truck drivers should always scan the road ahead of them for potential hazards.
Truck drivers have very difficult jobs and are put under an enormous amount of pressure to complete their routes as quickly as possible. Nearly one in ten truck drivers involved in a fatal crash reported feeling pressure from their job. Fatigue, in particular, is one of the leading causes of truck accidents. The CDC estimates that staying awake for only 18 hours reduces a person’s ability to drive safely equal to driving with a blood alcohol content (BAC) of 0.05%.
Truck drivers have a legal obligation to exercise due care in order to avoid collisions. Many truck accidents are due to truck drivers that commit traffic infractions. Pursuant to California Vehicle Code 22450, the driver of any vehicle approaching a stop sign must stop before the limit line. They must continue to yield the right of way for any vehicle traveling from the opposite direction that is close enough to pose a hazard. There is a rebuttable presumption of negligence on the part of any driver that goes through a stop sign before hitting another vehicle.
The company that a truck driver worked for could potentially be vicariously liable for a collision. Employers are typically vicariously 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 truck driver may have been delivering materials when they were involved in a crash. There are many things that should be investigated after any truck accident.
- The truck driver’s logbook should be examined.
- The event data recorder (EDR) of the truck involved in the crash should be examined.
- Eye witnesses should be interviewed.
- The employment status of the truck driver should be determined.
When a truck driver is negligent and causes a fatal collision they can be held at fault through a wrongful death claim. Potential beneficiaries in a civil claim will typically include a victim’s spouse and children. Recoverable damages may include lost wages, medical bills and pain and suffering. If someone survives for some period after a crash before dying, their family may also be able to pursue a survival action claim. 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 Arvin Semi-Truck Accident
We at TorkLaw extend our deepest condolences to the families of Carlos Serna and the two other people killed in this crash. Any person that may have more information about what happened should reach out to police. There needs to be some accountability for the sake of all who have lost so much.
Do you need more information an Arvin semi-truck accident? Our team of consumer safety advocates are here to help in any way that we can. We care deeply that accident victims are aware of their rights and that negligent drivers are held accountable for their actions. 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. Se habla español.
