A motorcyclist died early Tuesday morning after he fell about 150 feet off a freeway overpass in Mission Valley, authorities reported April 6. The victim was identified by the San Diego County Medical Examiner as Timothy Michael Kalista, 31. According to reports by Fox 5 News, Kalista was the sole rider on a motorcycle riding northbound on Interstate 805 on the transition ramp to westbound Interstate 8.
For reasons still not known, Kalista apparently lost control of his bike and was ejected. He fell off the bridge and landed about 150 feet below in the parking lot of a restaurant in the 2800 block of Camino Del Rio South. The cause of the San Diego motorcycle accident is under investigation by the California Highway Patrol. The medical examiner will determine whether alcohol or drugs contributed to the accident as well.
Was Caltrans Responsible?
Accidents involving freeway overpass falls have unique legal issues. If the location where the accident occurred was known to be dangerous, and nothing was done about it, the California Department of Transportation (Caltrans) could be responsible.
Caltrans works with the California Highway Patrol to identify places throughout the state where there are more crashes than average, and to see if Caltrans can do anything to make them safer. Over the last decade, dozens of trouble spots have been investigated throughout San Diego County, including the interchange ramps of Interstate 5 and Highway 78 in Oceanside, the southbound offramp at Interstate 15 and Deer Springs Road, and the westbound offramp from Highway 78 at Vista Village Drive in Vista. If improvements have been identified that could have prevented Kalista from falling off the ramp at Interstate 805, and the agency failed to implement them in a reasonable amount of time, it is possible that Caltrans could be liable for this accident.
Caltrans and other city and county governments pay millions every year to victims injured or killed by dangerous roadway conditions. In 2008, a jury ordered Caltrans to pay $10 million to a Los Angeles teenager who lost both of her legs when she struck a broken metal guardrail. Her attorneys showed the jury a work order to repair the guardrail that was ignored, and a collection of 20 similar accidents in the same location in the two years prior to the accident.
Liability For Wrongful Death
In cases against government agencies (like Caltrans), victims have only a six month window from the time when the accident occurs to file a claim. While this case is under investigation, the family of Timothy Kalista would be well-advised to speak to a San Diego wrongful death attorney as soon as possible to determine their legal rights in this motorcycle accident case.
Sources: San Diego Union Tribune, Fox 5 San Diego, 10 News, NCTimes
I am so sad to hear about this. Condolences to Tim's family.
Tim was my cousin and although I never got the chance to know him well, he has amazing parents and a grandmother who loved him dearly. My heart goes out to his family.