Recently in Defective Roadway Accidents Category

April 28, 2010

Woman Killed in Crash on Otay Lakes Road

A woman driving a 1992 Nissan Maxima died Wednesday morning in a crash on Otay Lakes Road, authorities reported. According to reports in the San Diego Union Tribune, the crash occurred about one mile east of Lower Otay Reservoir. The woman was driving east on the two-lane road, when for reasons that are still under investigation, she allowed her vehicle to drift onto the right lane on a curve. She apparently lost control and crossed into westbound lanes. At the same time, two on-duty Border Patrol agents heading west in two marked Ford F-250 Border Patrol vehicles. The Nissan skidded between the two vehicles and was broadsided by the second truck.

The woman driving the Maxima died at the scene of the crash. The crash occurred on a wet road from recent precipitation, but it was not raining at the time of the crash. The CHP did not find any evidence that alcohol or drugs were a factor in the crash.

Other Accidents on Otay Lakes Road

There have recently been a number of fatality or serious injury accidents on Otay Lakes Road in Chula Vista.

• In June 2009, a 24-year-old Coronado man died when his 2001 Nissan Maxima went off the road and struck a tree on Otay Lakes Road near Wueste Road.

• On April 3, 2009, two people were very seriously injured in a crash on Otay Lakes Road when a 23-year-old woman struck a tree in the center median.

• On February 24, 2009, a 13-year-old cyclist was struck by a pickup truck on Otay Lakes Road near Ridgeview Way.

• On March 30, 2008, an on-duty U.S. Border Patrol agent, Jarod Dittman, died in a solo vehicle rash on Otay Laeks Road, just west of State Route 94 in Dulzura

• On January 5, 2008, a 21-year-old man died in an accident during wet road conditions on Otay Lakes Road at the intersection of Rutgers Avenue.

The website city-data.com lists additional fatality accidents on Otay Lakes Road on the following dates: October 24, 2005, July 24, 2004, March 6, 2003, January 1, 2002, January 2, 2002, November 8, 2002, February 1, 2000, April 3, 1997, August 27, 1992, July 24, 1991, September 14, 1990, May 22, 1989, May 8, 1985, December 18, 1985, September 1, 1984, May 2, 1982, and September 11, 1982.

Cause of this Otay Lakes Road Accident & Wrongful Death Liability

The cause of this fatal April 27th accident on Otay Lakes Road is under investigation by the California Highway Patrol. At this point, there are more questions than answers as to why this accident occurred. Was the driver distracted, or driving too fast given the weather conditions? It is possible that she failed to negotiate the sharp curve in the road and simply lost control of her car, resulting in the collision with the Border Patrol vehicle. However, Otay Lakes Road is known to be a dangerous roadway, and it is possible that a condition in the road caused this crash. While this fatal accident is under investigation, the family of the victim would be well-advised to talk to an attorney about this accident and other accidents on Otay Lakes Road. If it is determined that a dangerous roadway condition caused this accident, the family may be entitled to compensation for the wrongful death of their loved one from the agency responsible for designing and maintaining the road.


Sources: CBS 8, KGTV 10 News, San Diego Union Tribune, Union Tribune Archives, City-Data.com

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March 29, 2010

Nebraska To Pay $1.5 Million to Man Seriously Injured by Highway Pavement Marker

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Nebraska lawmakers approved a settlement Friday to pay $1.5 million to an Ashland man permanently injured in an accident on Interstate 80 in October 2007. The victim, Tom Wolfe, 52, suffered a traumatic brain injury when a loose reflective pavement marker went through his vehicle and hit him in the forehead. A photograph of his work vehicle showed the rectangular hole in the windshield where the reflective marker went through and struck him in the head.

The pavement marker was one of about 53,000 installed on Nebraska highways since the early 1980's. An engineer for the Nebraska Department of Roads told the Omaha World-Herald Bureau that the agency had ceased using the reflective markers in new road projects prior to Tom Wolfe's accident. Since the accident, the Department of Roads spent about two years removing the markers, a project that cost the state more than $1 million. Other states, including Iowa, have removed their markers as well.

According to the Omaha World-Herald Bureau, the man injured was a master electrician before the accident, but has been unable to return to work, despite extensive therapy and rehabilitation. The settlement will cover his medical expenses and lost earnings due to his injury.

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December 29, 2009

Washington Man Files Roadway Defect Lawsuit After Potholes Cause Broken Pelvis

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A 22-year-old Washington state man filed a lawsuit last week in Idaho, claiming roadway conditions on Interstate 90 caused him to break his pelvis in an accident on December 28, 2007 in northern Idaho. Kasey Crick, the plaintiff, was a passenger in a vehicle pulling a trailer on Interstate 90. According to court documents, the trailer allegedly became dislodged from the vehicle after running over a serious of deep potholes on the Interstate. Another vehicle then struck the trailer, which then collided with Crick, breaking his pelvis and causing other injuries.

Crick filed the lawsuit on December 18, 2009, after Idaho state officials previously denied blame for the accident on December 28, 2007. According to the Olympian, the Idaho Transportation Department had received complaints about the potholes around the time of the incident. The lawsuit seeks $500,000 in compensation for medical bills, lost earnings and school tuition costs. The amount is the highest allowed in the state of Idaho.

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