Three Siblings Identified As Eva Villareal, Sarah Villareal, Eli Villareal Died In Car Accident With Illegally Parked Semi-Truck On I-80 In Emeryville; Aaron Villareal Survived Fatal Truck Accident With Injuries
EMERYVILLE, CALIFORNIA (March 1, 2019) – Three members of a family from San Pablo identified as Eva Villareal, Sarah Villareal and Eli Villareal died in a truck accident after their Ford Escape hit the back of an illegally parked truck.
Aaron Villareal was injured in the truck accident and taken to the hospital in critical condition. California Highway Patrol are saying that the accident took place along a curve on Interstate 80 near the Bay Bridge toll plaza area.
The truck driver involved told officials that he pulled over to sleep. He was concerned that if he kept driving he would exceed the amount of time that he could be on the road.
California Highway Patrol said that Eva Villareal, Sarah Villareal, Eli Villareal and Aaron Villareal were in a Ford Escape when it crashed into the back of the semi-truck. Slick conditions on the roadway may have contributed to the crash.
The accident has raised a number of concerns from truck drivers and citizens. One truck driver said that there is very little parking in the area for truck drivers to be able to pull over and sleep.
No arrests have been made at this time, but the truck driver was cited for illegally parking. According to the Go Fund Me page set up for the family, “We are devastated by the loss of three good souls. Only God knows why he takes people but he took three of the most perfect people.”
Truck Accident Liability
Trucking companies are considered “common carriers” and must utilize the utmost caution in order to prevent accidents. According to Acostav. Southern California Rapid Transit Dist. (1970) 2 Cal.3d 19, 27 [84 Cal.Rptr.184, 465 P.2d 72], “Common carriers bind themselves to carry safely those whom they take into their vehicles, and owe both a duty of utmost care and the vigilance of a very cautious person towards their passengers. Such carriers are responsible for any,even the slightest, negligence and are required to do all that human care, vigilance, and foresight reasonably can do under all the circumstances.”
The Federal Motor Carrier Safety Administration (FMCSA) has numerous rules with respect to the limits of how long truck drivers can work. According to the FMCSA, a truck driver “May drive a maximum of 11 hours after 10 consecutive hours off duty.” A truck driver “May not drive after 60/70 hours on duty in 7/8 consecutive days. A driver may restart a 7/8 consecutive day period after taking 34 or more consecutive hours off duty.” Ideally, a truck driver should plan out rest stops along their route.
It is illegal for a truck driver to park on the shoulder of any freeway in order to rest. The shoulder of the freeway is reserved strictly for emergencies. For starters, it’s dangerous to park by the side of the road. An errant vehicle could hit a parked truck. If a truck driver parked by the side of the road to sleep and was then hit by a car, that could create civil liability for the company the truck driver works for. The family of a victim may be able to seek justice through a wrongful death claim. A truck company may even bear liability for the crash if there was some amount of negligence on the part of an errant driver. A wrongful death attorney can evaluate all of the unique facts of your case and let you know what your rights are.
Getting Help After A Truck Accident
We at West Coast Trial Lawyers extend our deepest sympathies to the family of Eva Villareal, Sarah Villareal, Eli Villareal and Aaron Villareal. We strongly encourage everyone to donate to the Go Fund Me campaign that has been set up for their family. It is deeply unfortunate that a truck driver chose to park illegally on the shoulder of the road. Had safety regulations been followed, this would have never happened in the first place.
If you or someone that you love has been involved in an accident due to the negligence of a truck driver you may have legal recourse. Our team of personal injury attorneys are here to assist in any way that we can. We’ve successfully resolved thousands of claims on behalf of our clients. We can investigate your accident free of charge and get to the bottom of what happened. Whether you need more information about an accident or just have questions about your rights we are here for you (888) 888-9285.