Three Siblings From San Pablo Identified As Eli Villareal, Sarah Villareal and Eva Villareal Died In Emeryville Big Rig Truck Accident On Interstate 80 Freeway After Driver Illegally Parked On Shoulder To Sleep; Aaron Villareal Survived Crash With Multiple Fractures
EMERYVILLE, CALIFORNIA (March 1, 2019) – Three siblings identified as Eli Villareal, Sarah Villareal and Eva Villareal tragically died in a car accident on Interstate 80 freeway after hitting illegally parked truck.
A fourth sibling identified as Aaron Villareal survived the fatal crash and remains in the hospital with numerous broken bones. The four siblings were on their way to visit their father at the hospital in San Francisco. He is listed in critical condition.
California Highway Patrol are saying the big rig owned by Rogue Transportation LLC was illegally parked on the shoulder of the road. The Ford Escape that Eli Villareal, Sarah Villareal, Eva Villareal and Aaron Villareal were in hit the back of the semi-truck.
Authorities cited the driver for illegally parking. You can help support the family as they are going through such a difficult time by donating to their Go Fund Me page.
The truck driver involved in the crash reportedly pulled over to sleep. He told officials he was worried that if he kept driving he would exceed his allowable work hours. A local truck driver named Oscar Sanchez says that a designated area for truck drivers to sleep could have helped prevent this accident.
Liability In Truck Accidents
Trucking companies are considered “common carriers” under the law and are held to a high standard in terms of safety. According to California Civil Code Section 2168, common carriers are defined as “Every one who offers to the public to carry persons, property, or messages, excepting only telegraphic messages, is a common carrier of whatever he thus offers to carry.” Common carriers can transport either goods or people and be either public or private. Drivers are expected to use the vigilance of a “very cautious person” to prevent accidents.
There are a number of state as well as federal regulations that truck drivers must follow. It is illegal for a truck driver to park on the side of the road in order to sleep. When a truck driver must pull over for an emergency, there are safety procedures in place that need to be followed. According to Federal Regulation § 392.22 (a), “Whenever a commercial motor vehicle is stopped upon the traveled portion of a highway or the shoulder of a highway for any cause other than necessary traffic stops, the driver of the stopped commercial motor vehicle shall immediately activate the vehicular hazard warning signal flashers and continue the flashing until the driver places the warning devices required by paragraph (b) of this section.”
If a truck driver illegally parked on the side of the road before an accident, the company that they work for may face vicarious liability. Companies are generally responsible for the conduct of their employees when those employees are working within the course and scope of their job duties. The family of a victim that died in a truck accident may be able to file a claim under California’s Code of Civil Procedure 377.60. A truck accident attorney can evaluate all of the specific facts of your case and let you know what your options are.
Investigating A Truck Accident
We at West Coast Trial Lawyers extend our deepest condolences to the family of Eli Villareal, Sarah Villareal and Eva Villareal. It is deeply fortunate that Aaron Villareal was able to survive this horrific accident. We encourage everyone to donate to the Go Fund Me page for this family as they are are going through such an incredibly difficult time. There needs to be some accountability on the part of Rogue Transportation LLC. It is completely unacceptable that any truck driver would dangerously and illegally park on the side of the road. Any witnesses to the accident should come forward and speak with the CHP.
If you or someone that you love has been involved in an accident with an illegally parked semi-truck you may have legal recourse. There are a number of laws designed to protect your rights. Our team of highly experienced personal injury attorneys are here to answer any questions that you have. Commercial trucks tend to have Event Date Recorders (EDRs) which help pain a picture of what a truck driver was doing prior to an accident. We can investigate all aspects of a crash and let you know what your options are. Whether you need more information about an accident or just have legal questions we are here to help. You can reach out to us anytime at (888) 888-9285.