Nelson Dominguez Petaluma Valley: 54-Year-Old Nelson Cedeno Dominguez Died In Truck Accident On State Route 76 After Possible Brake Failure
PAUMA VALLEY, CALIFORNIA (March 19, 2019) – A 54-year-old truck driver identified as Nelson Cedeno Dominguez has tragically died in a truck accident on State Route 76 not far from the Palomar Mountain State Park.
California Highway Patrol are saying that the accident took place around 8:10 a.m. The Peterbilt flatbed tractor-trailer truck was traveling at a high rate of speed before the crash and may have experienced a brake failure.
The vehicle was hauling bags of landscaping mulch which were thrown everywhere following the crash. Firefighters and paramedics rushed to the scene in order to help the victims.
In addition to the driver there was a 55-year-old passenger in the truck. Despite life-saving efforts Nelson Cedeno Dominguez was later pronounced dead due to his injuries.
CAL/OSHA and the CHP are continuing the investigation at this time.
Causes of Brake Failures With Commercial Trucks
Commercial trucks can weigh up to 80,000 lbs. It is extremely important that truck companies take steps to make sure that they are following safety regulations with respect to brake maintenance. Brake failures can lead to deadly consequences and are one of the leading factors behind accidents. Here are just a few of the most common reasons why brake failures take place:
- Air Supply Damage: Truck brakes need air pressure in order to work correctly. A leak in the air supply system could lead to catastrophic failure.
- Overheating: As brakes on trucks are used they generate an extraordinary amount of heat. When brakes overheat the drums can expand and cause the brakes to fail.
- Adjustment Errors: Brakes on modern trucks are typically equipped with automatic adjusters. If a mechanic makes too many adjustments this can cause the clutch to give out and the brakes to fail.
A truck accident caused by a brake failure to lead to catastrophic injuries including bone fractures, spinal cord injuries, brain injuries and death. Depending on the facts of any case there may be multiple forms of liability for an accident.
Liability In Truck Accidents
Truck companies are considered “common carriers” under the law. They and their drivers are held to a very high standard in order to prevent accidents. According to Squaw Valley Ski Corporation v. Superior Court, “The elevated standard of care for common carriers is “based on a recognition that the privilege of serving the public as a common carrier necessarily entails great responsibility, requiring common carriers to exercise a high duty of care towards their customers.”
The Federal Motor Carrier Safety Administration (FMCSA) has a number of brake regulations under 393.40 – 393.55 396.19 & 396.25. For example, under rule 393.40, “Each commercial motor vehicle must have brakes adequate to stop & hold… Each commercial motor vehicle must meet the applicable service, parking, and emergency brake system requirement provide in this section.” Under rule 393.55, every wheel on a commercial truck has to be equipped with acting brakes.
There are multiple agencies that could face liability for a truck crash. Regardless of who’s at fault, the family member of a trucker that died will be able to receive death benefits through the California’s worker’s compensation systems. A goods company could face liability for overloading a truck and causing a brake failure. There are strict requirements for how much trucks can carry. Overloading a truck can overwork the brakes and eventually lead to a crash. Service companies can also face liability for failing to adequately service a truck’s brakes.
The family of a victim that dies in a truck accident may be able to seek justice through California’s Code of Civil Procedure 377.60. A truck accident attorney can investigate your claim free of charge and work to get to the bottom of what happened. It’s important that evidence is preserved after an accident in order to help investigators determine what went wrong. There are strict time limits with respect to being able to pursue a claim, so it’s important to be proactive.
Investigating A Truck Accident
We at West Coast Trial Lawyers extend our deepest condolences to the family of Nelson Cedeno Dominguez as they are going through such a difficult time. Any witnesses that may have seen what happened should reach out to the CHP in Pauma Valley as they continue their investigation. It’s important that steps are taken to help prevent additional accidents in the future.
If you or someone that you love has been involved in a truck accident you may have legal recourse. Our team of highly experienced personal injury attorneys are here to help in any way that we can. We can investigate the unique facts of your case free of cost and get to the bottom of what happened. We’ve successfully resolved thousands of claims and work hard to make sure that our client’s rights are being protected. Whether you just have questions about your rights or need help getting information about an accident we are here for you. You can reach out to us anytime at (888) 888-9285.