A Southern California Appeals Court says that a truck repair facility can be held liable for a 2005 Huntington Park truck accident that injured 8 people and killed 3 others. The commercial tow truck was stolen from the service yard of Maurice J. Sopp & Son. Video footage from the repair yards surveillance cameras show Raymond Bermudez walking onto the premise through an open gate and climbing into the 2003 Nissan truck. Just several hours ago, Bermudez was released on parole from Soledad State Prison.
Bermudez started the truck's engine, struck another vehicle that was behind it, hit a shade canopy, and drove off the property. He then struck several vehicles before driving into a group of people at a bus stop. A couple (they were the parents of seven children) and a single mom died from their injuries. Eight other people also sustained injuries from the deadly Los Angeles County truck accident.
The victims' families sued the tow truck company for Los Angeles personal injury and wrongful death. The defendant moved for summary judgment, citing causation and duty. The plaintiffs noted that "special circumstances" allowed for a vehicle's owner or bailee to be held liable for injuries caused by the thief of that vehicle, such as in the event that "heavy vehicles are left unattended," allowing for people who aren't used to driving them to do so.
The plaintiffs also noted that in 2004, Huntington Park had the highest car theft rate in the US and its violent crime rate was in the nation's top 14th percentile. They also argued that the car repair shop had contacted police 25 times over a five-year period because of reported break-ins and thefts and that the keys to the truck had been made easily accessible. While a Los Angeles Superior Court Judge granted the summary judgment motion, the California appeals court reversed the ruling.
California Truck Accidents
If you or someone you love was seriously injured in a Los Angeles County traffic accident involving a stolen vehicle, do not despair. The first step you need to take is to speak with an experienced Los Angeles truck crash lawyer immediately. A good injury attorney will know how to investigate your case and prove liability.
Truck crash injuries can be very serious and costly. There is no reason why you should have to cover the entire financial burden if someone else's negligence or carelessness caused your California truck collision injuries or your loved one's death.
C.A. Rules Truck Repair Shop May Be Liable for Fatal 2005 Crash, Metropolitan-News, September 4, 2009
Carrera v. Maurice J. Sopp & Son (PDF)
Related Web Resource:
Trucking Accidents: Common Causes and Liabilities, Nolo
Injured in a Truck Accident. What to Do?
