On January 16, 2015, a Porsche collided with a flatbed truck near Kenwood on Highway 12. The driver of the Porsche was 55-years-old and had addresses in both Sonoma and San Francisco. He was driving at speeds up to 80 miles per hour and passing cars before the crash occurred. He was even passing cars by crossing double yellow lines.
The man lost control of the Porsche west of Dunbar Road and drifted off the road and on to the dirt shoulder. In his attempts to control the vehicle, he collided with a GMC 3500 flatbed truck in the opposite lane. The truck hit the driver’s side door. The driver of the truck and the passenger in the truck were not injured, but the man in the Porsche was killed.
In this case, the man who was killed seems to have actually caused the accident. So, the only way that his estate could get damages from the truck driver is if the truck driver was at fault at all. California is a “comparative negligence” state, which means that the plaintiff can only get damages for the percentage that he was not at fault. Since the Porsche driver in this case was likely very much at fault, he likely could not get damages in this situation.
The truck driver, however, could collect damages from the Porsche driver’s estate. The truck in this case was actually owned by a company and the driver was an employee of that company. The company, then, is the entity that would actually have to bring the personal injury suit. Because no one in the truck was harmed, however, the case may be less about physical injuries and more about damage done to the flatbed truck.
If you or someone you know has been in an accident, even if the accident only caused damage to property, be sure to speak with an experienced personal injury attorney right away.