Crash on 60 Freeway Leaves Two Seriously Burned

Late Friday morning a rear-end accident on the 60 Freeway near Riverside sent three people to the hospital, including two who suffered burn injuries in the fiery crash.  According to KTLA News, the collision occurred at about 10:15 a.m. in the eastbound lanes just west of Pedley Road when a 1993 Dodge pickup was struck from behind by a 2012 Lexus sedan, causing the truck to burst into a fireball.  The truck, being driven by a 44-year-old man, slowed for an unknown reason and was then hit by the Lexus, traveling between 65 and 75 miles per hour.   The passenger in the truck, a 29-year-old woman, was the worst injured, and she had to be airlifted to Arrowhead Regional Medical Center for critical burns.  The truck's driver also suffered burn injuries and was transported to Riverside Community Hospital.  The driver of the Lexus, a 25-year-old woman, was also taken to RCH with unknown injuries.

Rear-end Accidents and Legal Presumptions

Under California law, the fact that a driver of a vehicle does run down the vehicle ahead of him furnishes some evidence that he either was driving too fast, or that he was following too closely the vehicle ahead of him.  In a rear-end accident, the party in the front vehicle is legally entitled to a jury instruction on the inference of the defendant's negligence under the doctrine of "res ipsa loquitur", which essentially means the accident would not have happened absent negligence.   There is also a Vehicle Code provision (§ 21703) that states:  "The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle and the traffic upon, and the condition of, the roadway."  However, there are also rules that apply to slowing or stopping on a roadway.  Perhaps most important is Section 22109 of the Vehicle Code which provides: "No person shall stop or suddenly decrease the speed of a vehicle on a highway without first giving an appropriate signal in the manner provided in this chapter to the driver of any vehicle immediately to the rear when there is opportunity to give the signal."

The Importance of Accident Reconstruction

While the driver of a rear-ending vehicle is likely to be found primarily at fault for most accidents, there are certain accident reconstruction issues that come into play, affecting the assessment of liability for the collision.  In the case above, it will be important to determine why the truck slowed, whether its brake lights were functioning and the speed it was traveling at the point of impact.  As for the Lexus, it was reportedly traveling at between 65 and 75 miles per hour just before the accident so it will be important to find out the freeway traffic conditions and whether the driver may have been driving while distracted or impaired.  All of these factors play a role in assigning and apportioning fault for the accident.

If you or a loved one has been injured in a rear-end accident, consultation with an auto accident attorney may help you better understand your rights and the compensation you may be entitled to under the law.

SOURCE:  Fiery Collision on the 60 Freeway Leaves 3 Injured, KTLA News, September 6, 2013, by Stephanie Case