Fall From Truck Bed Results in Major Injuries at Vail Lake

Over the weekend, a 42-year-old woman who works as a counselor at a Menifee high school was seriously injured when she fell from the rear of a pickup truck at Vail Lake.  According to the Press Enterprise, the victim, Kimberly Montiel, and another passenger were riding on the lowered tailgate of the truck when it slid around a turn.  Montiel was thrown to the ground, striking her head and suffering major injuries.  The driver of the pickup, Brian C. Tickel, ran from the scene of the accident but was later arrested on suspicion of fleeing the scene of a major-injury crash.  Alcohol is believed to have been a factor in the accident.

Assessing Fault For the Accident

In the accident above, it is easy to see an issue of comparative negligence would likely come into play in assessing liability for the injuries and damages sustained.  What this means is that a jury would be called upon to decide what negligence there was on the part of Tickel and what, if any, negligence there was on the part of Montiel.  Potentially, a jury could find that riding on the back of a pickup truck's tailgate (unrestrained) is careless, and Montiel could bare some of the responsibility for her own injuries.  From the description of the truck sliding around a turn, it seems likely a jury could find Tickel liable for not being more careful when he knew he had unrestrained passengers on the tailgate.  Under California law, a jury is free to divide fault for an accident anyway they see fit, and the injured party is still entitled to at least some recovery even if they are found mostly to blame.

Is It Legal To Ride In The Back of a Truck?

In California, it is illegal to ride unrestrained in the back of a pickup truck, except under very limited circumstances.  The Vehicle Codealso makes it illegal to transport a passenger in the bed of a truck.  Consequently, in all likelihood, both the passengers and the driver in the case above were in violation of the law.  Such a violation can lead to a finding of "negligence per se", which means a safety statute was violated and the violation was a cause of injury.

If you or a loved one have been seriously injured in a truck accident, consultation with an injury lawyer is often the first step to obtaining fair compensation for injuries and damages sustained.

SOURCE:  VAIL LAKE: Menifee school counselor critically injured in accident, the Press Enterprise, May 28, 2013, by Sarah Burge