California Wrongful Death: Family of Truck Driver Killed When His Big Rig Plunged Off Bay Bridge File Claim Against the State and Caltrans
The family of Tahir Sheikh Fakhar has filed a wrongful death claim against the state of California and Caltrans. Fakhar, a truck driver, died on November 9, 2009 when his large truck went over the Bay Bridge after hitting the S-curve and striking a 3-foot guardrail. His big rig flipped over before falling 200 feet and landing on Yerba Buena Island. The trucker was killed instantly.
Fakhar's family contends that because Caltrans did not have adequate signage and signals to properly warn drivers of the hazards on that portion of the bridge, the S-curve formation is poorly designed and too sharp for drivers to safely maneuver, and the guardrail wasn't high enough to prevent the big rig truck from going over.
While the California Highway Patrol claims that the truck driver was driving around the S-curve at 50 mph instead of 35 mph, the family's California wrongful death lawyer says that regardless of whether or not Fakhar had been speeding, the roadside barrier erected on the bridge was "ineffective."
Following the truck driver's death, Caltrans installed rumble strips, signs, and increased police patrols. Over 1500 CHP officers have been tapped to patrol that portion of the bridge. Caltrans has also closed down some lanes so that drivers are forced to slow down.
Prior to filing a California wrongful death lawsuit, the family's attorney has to file a claim with the Victims Compensation and Government Claims Board. Their lawyer intends to file separate claims for Fakhar's widow and his two adult sons. The board has 45 days to turn down or accept the wrongful death claim. After that, the family can submit their California wrongful death complaint.
Fakhar's tragic California truck crash was the 47th motor vehicle accident on the S-curve in the 59 days since its installation.
Truckers as Truck Crash Victims
Truck drivers can also be the victims of trucking collision. While an injured truck driver or the family of a trucker killed in a truck crash likely cannot sue his/her employer for personal injury or wrongful death, the injured driver may be able to file an Orange County, California truck accident lawsuit against liable third parties.
Attorney for trucker who careened off Bay Bridge says he will sue state, Mercury News, April 29, 2010
Special Report: Is Bay Bridge S-Curve Crackdown Working?, KTVU, April 29, 2010
Family sues Calif., Caltrans for wrongful death, ABC Local, April 28, 2010
Related Web Resources:
California Department of Transportation