A pedestrian accident on Interstate 805 that badly injured the victim has led to a personal injury lawsuit against the employer of the cement truck driver involved in the collision. The victim has had to undergo several operations since the March accident and nearly lost his left arm.

The accident seems to have been caused by a variety of factors, including a cement truck that was going too fast for the weather conditions and a driver that was not paying sufficient attention to what was going on in the road.

It was a foggy day on I-805. As the victim was driving on the interstate, a car accident occurred on the other side, sending debris across the median and into  his path. The debris caught underneath his car, forcing him to pull over.

As he worked to remove the debris, a cement truck bore down on him. The truck hit him before he could react.

The accident caused serious injuries. The man has endured several surgeries and skin grafts since the March incident. His attorney described his injuries as “life-altering” and permanent. He said that his client has a family that will also deal with his diminished capacities.

The California Highway Patrol concluded that the cement truck driver had his cruise control set at 58 miles per hour, which troopers said was too fast given the lack of visibility caused by the fog. The driver is also accused of letting his attention wander from the road, contributing to the pedestrian accident. Under the law, a company can usually be held liable for injuries caused by an employee’s negligence.

Source: KGTV-TV, “Crash victim sues cement truck owner: CHP says truck driver was going too fast in fog,” Preston Phillips, May 23, 2013