Archive for the ‘defective roads’ Category

Negotiating the S-curve — Caltrans Liability for Dangerous Roads

Wednesday, April 13th, 2011

San Francisco Bay Area Dangerous Roads Attorney

On November 9, 2009, Hayward resident Tahir Fakhar lost control of his truck along the S-curve approaching the Bay Bridge. His truck, carrying a load of peaches, veered out of control and toppled over a three-foot guardrail, falling 200 feet to the Yerba Buena Island below.

Mr. Fakhar’s family filed a lawsuit against Caltrans, alleging that an improper road design in the S-curve contributed to Mr. Fakhar’s death. While Mr. Fakhar was traveling 10 miles per hour over the posted speed limit, his family’s attorneys have pointed out that there were 43 accidents involving the S-curve prior to Mr. Fakhar’s fatal crash.

The Response of Caltrans

Interestingly enough, after Mr. Fakhar’s accident, Caltrans added flashing radar signs, additional speed warnings, rumble strips and a raised barrier along the curve in question. On the day of the fatal accident, Caltrans claimed excessive speed was to blame, making it more difficult for Mr. Fakhar to properly negotiate the curve. According to investigators working with the California Highway Patrol, Mr. Fakhar was likely traveling at 50 mph at the time of his accident — 10 mph over the posted speed limit and 15 mph over the maximum speed recommended for the sharpest curves.

At the time of the lawsuit, officials for Caltrans had nothing to say regarding the fact that after Mr. Fakhar’s accident and Caltrans’ actions to increase safety, not a single accident occurred along the S-curve.

Unsafe Road Design — a Contributing Factor in Fatal Accidents

The extent to which a dangerous or defective road design may be a contributing factor in a car accident may not always be obvious. Accident investigators can evaluate the presence of certain risk factors like dips in the road, an absence of guardrails, posted speed limits, the grading of a road or an obscured line of sight approaching an intersection.

As in the case of Mr. Fakhar’s accident, Caltrans is unlikely to admit fault when defective road design is discovered as a contributing factor in an accident. For these reasons, it’s important to work with an experienced dangerous road design attorney who can gather information, work with investigators and expose negligence on the part of Caltrans.

Contact Bay Area Dangerous Road Design Attorneys Weber & Nierenberg

If you’ve been seriously injured or have lost a family member in a car, truck or motorcycle accident that involved a dangerous stretch of road, contact San Francisco personal injury attorneys Weber & Nierenberg today to schedule a free consultation to discuss your case.

Dangerous Roads in California – Who’s Liable?

Friday, January 28th, 2011

When an intersection, bend in the highway or stretch of road is repeatedly the scene of car, truck or motorcycle accidents, poor road design or faulty construction may be involved. Initially, design defects or construction flaws may not be suspected in a car accident, especially when more than one vehicle is involved in a crash. However, when reconstructing a car wreck, investigators may determine that various road design and construction defects contributed to an accident. Here, a municipality, construction company, county or Caltrans itself may be liable.

Poorly Designed Roads

When roads or highways are constructed, they must be properly graded to allow for water drainage and an even surface between roadway and shoulder. Differences in the level of pavement can cause a driver to suddenly lurch to the right or left. This propensity is especially dangerous when a driver inadvertently or intentionally pulls over onto the shoulder of the road. Alternatively, grading that results in water collecting on the road when it rains can lead to hydroplaning.

Sudden sharp curves or bends in a road should be properly marked with signs and reduced speed limits. Entry and exit ramps should be clearly marked and should not include sudden dips or unreasonably sharp turns. Intersections that sit at the bend of a curve or over the top of a hill should be properly marked and may need traffic lights to decrease the likelihood of collisions.

Additionally, lack of guardrails along bridges, slight bends in the road or embankments can lead to serious injury or death when accidents cause cars or trucks to leave the road.

Road Maintenance, Road Construction and Car Accidents

Municipalities that fail to trim back brush or tree branches along roadways may be liable when overgrowth obscures signs that warn drivers of steep grades, curves or dips in the road. Additionally, Caltrans or local counties can be held liable when potholes or broken pavement cause serious accidents. Here, it’s important to work with a personal injury attorney who can immediately take pictures of potholes or obscured signage before maintenance and repair crews fix the problem that played a role in an accident.

In accidents involving road construction, it’s important to determine whether or not construction crews were in compliance with applicable regulations governing road construction in the state of California. If traffic was diverted into an oncoming lane in order to make road repairs, was there sufficient signage warning drivers? If a construction crew was resurfacing an area road, were there grooves, uneven pavement or loose gravel that played a role in causing an accident? Did construction zone workers contribute to an accident by failing to properly use cones and signs to regulate traffic flow through a construction zone?

Contact San Francisco Dangerous Roads Attorneys at Weber & Nierenberg

If your accident was caused or complicated by dangerous road conditions, don’t expect Caltrans or the municipality involved to step forward and take responsibility. Since preserving evidence and gathering eyewitness testimony is crucial in these kinds of cases, it’s important to consult an experienced car accident attorney as soon as possible after your accident. To schedule a free consultation and discuss your case, contact San Francisco defective road design attorneys at Weber & Nierenberg today.

Contact us for a free evaluation of your personal injury or wrongful death claim. You have no obligation to hire us when you receive this evaluation. If you hire us, we only get paid after we recover compensation for you.