OFF THE WIRE
Following one of several serious injury motorcycle accidents occurring on California State Route 138, a jury recently awarded one victim $31.5 million in a verdict against California’s state agency responsible for rail, bridge, and highway transportation construction, planning, and maintenance (Caltrans). Case number CIVVS1002497, Superior Court of the State of California for the county of San Bernardino
California (PRWEB) July 28, 2012
Following one of several serious injury motorcycle accidents occurring on California State Route 138, a jury recently awarded one victim $31.5 million in a verdict against California’s state agency responsible for rail, bridge, and highway transportation construction, planning, and maintenance (Caltrans).
Caltrans was held responsible for what was determined to be a dangerous roadway condition. On April 29, 2009, David Evans was riding his motorcycle when he collided with an oncoming vehicle. The collision left Mr. Evans with severe spinal cord and brain injuries that will require around-the-clock nursing assistance for the remainder of his life.
California Highway Patrol (CHP) documents showed that ten previous accidents had occurred at this location. The handling attorneys were able to convince the jury that Caltrans failed to provide sufficient protection for their client in an area that had been flagged for being especially dangerous.
According to the 2009 California Statewide Integrated Traffic Records System (SWITRS), 232,777 people were injured and 3,076 suffered fatal injuries in California auto collisions. Of those injured, 13,083 were pedestrians, 12,043 were bicyclists, and 10,479 were traveling on motorcycles.
Brian Chase, California motorcycle attorney and lifelong motorcycle enthusiast, has assisted dozens victims of motorcycle accident and dangerous roadway conditions. “Too often, California’s transportation agencies are made aware of dangerous roadway conditions and fail to quickly address the issue. In Mr. Evans’ case, Caltrans’ Chief of Operations had received a complaint eighteen months prior to his Evans’ collision. Had this complaint, or the several motor vehicle accidents which took place in the area, been treated with the respect that they deserved, the roadway could have been modified to help prevent Mr. Evans’ collision.
“When Caltrans, or any other governmental agency, contributes to a dangerous condition, they put themselves in a position to be held liable. Luckily, Mr. Evans received a generous verdict which will allow him to receive the care he so desperately needs.” Said Mr. Chase.
