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Mr. Wise was filling his water truck while double-parked near at a fire hydrant on a construction site in Pleasanton.  As he was putting away his filler hose behind his truck, a second water truck ran into the back of his water truck and severed his leg between the two truck bumpers.

We investigated and reconstructed this accident.  First, we showed that the power steering failed on the second water truck.  Next, we showed that once the power steering failed, the second truck was unable to maneuver and there was not enough time for it to stop before impact.  We determined that the location of the incident was in fact city-owned roadway and that the California motor vehicle code applied.  We determined that Mr. Wise’s employer had instructed him to park illegally in order to fill his water truck.  And we determined that the second water truck was not being independently operated – instead, it was being operated under the direction of the general contractor on the job site.

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520 S. El Camino Real, Suite 422, San Mateo, CA 94402-1726, voice 650-685-8290, FAX 650-685-8354 info@wcharlesperry.com