The accident occurred in May 2007, when Bianchi, a passenger in the back seat, was in a Toyota Avalon with three other friends. Bianchi and his friends were headed to a camping trip and were traveling down highway 152 through the Pacheco Pass, which is about 25 miles south of San Jose. Two trucks collided on the dangerous mountain pass near the center line, and one of the trucks crashed into the rear of the Avalon, crushing the back part of the car, where Bianchi was seated.
Bianchi, a college student at the time, was attending a community college in Bakersfield and was planning to attend University of California in Davis. Now, Bianchi is 23 years old and needs constant care at a residential facility located near his family in Bakersfield.
Lawyers for the plaintiff argued that the reckless driving of the two truck drivers was the main cause of the accident. Bianchi's lawyers showed that one of the truck drivers, Samuel Bimbela, was drifting across the center line and the other truck driver, Michael Demma, was texting on his cell phone.
The jurors found that Bimbela was 60 percent at fault for causing the accident, and Demma and his employer, Gordon Trucking, were 35 percent responsible for causing the accident. Salazar Construction, Bimbela's employer, agreed to a settlement of $2 million before the start of trial.
As for the State of California, the State settled its side of the case with Bianchi for $10 million. Lawyers for Bianchi had argued that Caltrans had failed to take measures to remedy known safety hazards on the road.
The jury also awarded Bianchi $31 million for past and future medical expenses, $4.5 million for future lost wages, and $13.5 million for past and future non-economic loss, including pain and suffering.
Truck accidents, such as the tragic accident involving Bianchi, can occur at anytime and the consequences can be devastating. Due to the sheer size and weight of large commercial trucks or "big rigs" as they are often called, when trucks collide with regular-sized vehicles, the results can be disastrous. Drivers should be aware that a variety of factors can cause trucking accidents, such as:
· Inattentiveness of the truck driver
· Lack of training or improper training of the truck driver
· Driver exhaustion or fatigue
· Dangerous or unsafe road conditions
· Poorly maintained trucks, brakes, and safety mechanisms
If you or someone you love has been involved in a trucking accident, seek an experienced and knowledgeable personal injury attorney to protect your and your loved one's rights. To obtain the compensation that you deserve, contact The Law Offices of James R. Gillen today for a consultation.
