Damian Orpineda (Full Name: Damian Eden Orpineda), Alejandro Olivas (Full Name: Alejandro Orpineda Olivas) Killed, Anthony Campos Injured In Buttonwillow Semi-Truck Accident Along Highway 46 Not Far From Gun Club Road
BUTTONWILLOW, CALIFORNIA (October 15, 2022) – Two people identified as Damian Orpineda and Alejandro Olivas died in a Buttonwillow truck accident on Highway 46 by Gun Club Road.
Kern County officials are saying that the accident took place around 5:46 a.m. on Wednesday. A 32-year-old man was driving a 2022 Freightliner truck eastbound on Highway 46 when they crossed over a broken yellow line and into opposing lanes of traffic.
That truck hit a second semi-truck driven by Anthony Campos, 33, of Wasco. The Freightliner kept going before colliding with a Toyota carrying Damian Orpineda and Alejandro Olivas.
Firefighters and paramedics were called to the scene of the collision in order to help all of the victims. Anthony Campos was transported to the hospital in order to receive treatment.
Despite life-saving measures, Damian Orpineda and Alejandro Olivas both died as a result of their injuries. A full investigation into the collision remains ongoing at this time.
Liability For Buttonwillow Semi-Truck Accidents
Thousands of people are killed or seriously injured every year in semi-truck accidents. According to the IIHS, “A total of 4,014 people died in large truck crashes in 2020. Fifteen percent of these deaths were truck occupants, 68 percent were occupants of cars and other passenger vehicles, and 16 percent were pedestrians, bicyclists or motorcyclists.” Truck accidents have edged up slightly over the last year as supply chain shortages have begun to ease. There are a number of factors that could potentially contribute to a semi-truck accident.
- Semi-trucks can weigh 80,000 lbs and are much more difficult to stop than passenger vehicles.
- Semi-truck drivers have very demanding schedules and are prone to becoming dangerously fatigued.
- Semi-trucks have a high center of gravity and are much more difficult to maneuverer than smaller vehicles.
Truck drivers must get a commercial license and are held to a high standard in terms of safety. They must abide by all rules set forth in Title 9 of the Code of Federal Regulations. This includes rules with respect to how many hours a day truck drivers can work. Pursuant to California Vehicle Code 21651, no person shall drive their vehicle over any intermittent barrier on a divided highway. There is a rebuttable presumption of negligence on the part of any driver that crosses into opposing lanes of traffic.
When a truck driver is negligent and causes an accident, their employer could potentially be liable for the crash. 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 truck driver may have been transporting goods when they were involved in a crash. However, many companies will try to avoid liability for crashes by hiring truck drivers as “independent contractors.”
Depending on the facts of any case, the company that loaded a semi-truck could be liable for a collision. Semi-trucks have to be loaded a certain weight to prevent cargo shift. An overloaded truck can also take much longer to stop. It has been estimated that nearly 10% of all truck accidents were due in part to loading issues. There are a number of steps that should be taken after any truck accident.
- The employment status of the truck driver should be determined.
- Eye witnesses should be interviewed.
- Medical records should be preserved.
- The truck’s maintenance records should be examined.
The family of any person that is killed in a truck accident is protected by a number of laws. They may be able to seek some measure of justice through a wrongful death claim. Damages in a civil claim can help cover lost wages, medical bills and pain and suffering. Unfortunately, truck companies will often fight hard to deny any responsibility for any accident. A wrongful death attorney can examine all of the unique facts of your case and let you know what your legal options are.
Investigating A Buttonwillow Semi-Truck Accident
We at TorkLaw extend our deepest condolences to the families of Damian Orpineda and Alejandro Olivas. It is our sincere hope that Anthony Campos will be able to make a full recovery. Any person that may have more information about what happened should reach out to police. This was a preventable tragedy that should have never taken place.
Do you need more information about a Buttonwillow semi-truck accident? 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 a free, independent investigation into an accident, we are here for you. You can reach out to us anytime at (888) 441-4991.
