Man Died In Merced County Tow Truck Collision Along Highway 165 by American Avenue
MERCED COUNTY, CALIFORNIA (December 6, 2022) – A man was killed in a Merced County car accident with a tow truck on Highway 165 not far from American Avenue.
Merced County officials are saying that the collision took place around 5:45 p.m. on Monday. A 28-year-old driver was waiting to make a left turn when his vehicle was hit from behind by a tow truck.
The force of the impact caused the victim’s vehicle to hit a semi-truck in the opposite lane. Debris and molasses were spilled all over the road.
Paramedics were called to the scene of the collision in order to help the victim. Despite life-saving measures, the 28-year-old man was died following the collision.
Police interviewed the tow truck driver who remained at the scene. A full investigation remains ongoing at this time.
Liability For Merced County Tow Truck Collisions
Car accidents remain one of the leading causes of serious injury and death in the United States. According to the IIHS, “There were 35,766 fatal motor vehicle crashes in the United States in 2020 in which 38,824 deaths occurred. This resulted in 11.7 deaths per 100,000 people and 1.34 deaths per 100 million miles traveled. The fatality rate per 100,000 people ranged from 4.9 in Massachusetts to 25.4 in Mississippi.” There are a number of factors that could contribute to a car accident.
- Speeding
- Inclement weather
- Driver distraction
- Poor road conditions
Rear-end collisions are among the most common types of car accidents that occur. They are also the most preventable. They tend to happen when drivers are traveling too fast or following the lead vehicle too closely. Pursuant to California Vehicle Code 21703, the driver of any motor vehicle shall not follow another vehicle more closely than would be reasonable and prudent given the prevailing conditions of the roadway. There is a rebuttable presumption of negligence on the part of any driver that rear-ends another vehicle in their own lane of traffic.
Depending on the facts of any case, liability for a car accident could extend beyond any driver. If the driver of a tow truck was working at the time of a collision, the company that they were working for could be held at fault. Vicarious liability is one of the core tenets of personal injury law. Employers are typically 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 on their way to pick up a vehicle when they crashed. There are a number of steps that should be taken after any collision.
- Eye witnesses should be interviewed.
- Medical records should be preserved.
- Surveillance footage should be sought.
- An investigation should be conducted.
When a tow truck driver is negligent and causes a fatal collision, they can be held accountable through a civil claim. The family of any person that died may be able to seek some measure of justice through a wrongful death claim. Damages in a civil claim can help cover many of the expenses that can come with the sudden loss of a loved one. Unfortunately, it is extremely common for tow truck drivers and their employers to deny liability for any collision.
Investigating A California Tow Truck Collision
We at TorkLaw extend our deepest condolences to the family of the man that died in this collision. Any person that may have more information about what happened should reach out to police. This was a preventable tragedy that should not have taken place.
Do you need more information about a Merced County tow 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 have legal questions or need any type of support after a collision we are here for you. You can reach out to us anytime at (888) 441-4991.
