But now, it’s not just the other motorist whom he blames. It is also the State of California, the government agency responsible for maintaining the road on which the crash occurred. Specifically, he alleges poor road design that made it difficult for the taxi driver to see the plaintiff as he traveled north on the state highway.

There had reportedly been numerous complaints made to the state’s Department of Transportation regarding the condition of the intersection, but the government agency failed to take action, according to the injury lawsuit.

The incident happened on the Pacific Coast Highway. The driver of the taxi alleged that southbound drivers faced an incline that made it “impossible” to view oncoming traffic until motorists were already at the intersection. Plaintiff’s attorney explained drivers don’t see the cross-traffic until they are at the very top of the intersection, and that repaving of the intersection has over time worsened the problem.

Representing the state department of transportation, the deputy attorney general explained to jurors that the state shouldn’t be held liable for injuries resulting from a crash at the intersection because it had been designed many decades ago by Los Angeles County. The state later inherited it. If anyone would be responsible for defective design of the road, it would be the county. Further, the state argues no fatal car accidents have occurred at the intersection since 1996. The state argues it has done everything necessary to make the road safe.

The actual fault, argues the state, is the taxi driver, who allegedly was speeding and dangerously made a sharp turn off the highway and onto a cross street. While he was driving recklessly, the state argues, the motorcyclist wasn’t being defensive. Specifically, he was wearing darker clothes that made it tough to see him at night.

The original complaint by Ekbatani also named the driver’s employer as a defendant, but that claim was later dismissed when the two parties settled out-of-court. Now, the taxi company is pursuing a counter-claim against the state.

Plaintiffs presented depositions from two local residents who had complained to the state about the need for safety changes at the intersection. One of those, an employee of the local library, testified she contacted the mayor’s office after witnessing a number of crashes at that location, imploring him to advocate for a left turn signal at the traffic light.

Another witness explained poor visibility at that intersection was to blame for a crash he was involved in. And there were concerns raised by a number of police officers about the intersection too.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

Poor Road Design Caused Accident That Cost Former UCLA Lineman His Leg, Jury Told, Nov. 28, 2016, By David Siegel, CVN

More Blog Entries:

Report: Truck Accident Risk Rises With $740 Billion Backlog of Road, Bridge Repairs, Nov. 29, 2016, Fort Lauderdale Motorcycle Accident Lawyer Blog

According to the U.S. Department of Transportation, there were approximately 68,000 collisions reported in work zones nationwide. A higher proportion of fatal work zone crashes occur on the interstates, followed by urban arterials. Motorcyclists in construction zones have to continuously scan for debris, milled road surfaces, steel plates, loose gravel, road sealants and other dangers that could result in an edge trap (a sudden cut or drop in the road that might catch the tire of the bike).

We’re seeing more of these instances as construction picks up and we have more people riding motorcycles than ever before. The Federal Highway Pavement Monitoring System reports there was a 90 percent uptick in motorcycle registrations between 1997 and 2007, and motorcycle crashes overall make up an increasing percent of roadway fatalities and serious injuries. Just recently, a motorcyclist critically hurt in a construction zone settled his lawsuit against the state DOT, its construction contractor and a dump truck driver for $18.5 million.

According to The Chronicle, the settlement is believed to be the largest of its kind against that state’s DOT.

The lawsuit was filed in June 2015, just one month after the motorcycle accident that nearly killed the plaintiff. The facts of the case were “hotly disputed,” but we do know the collision occurred around 5:20 a.m. one morning as the 46-year-old motorcyclist was passing through a construction zone. The complaint alleges plaintiff’s motorcycle crashed into a dump truck driven by an employee of the construction contractor as he allegedly made an illegal u-turn that blocked the ramp. Plaintiff asserted the driver should have used the gravel access road if he needed to turn around. Instead, he was permitted by his supervisors to make the u-turn on the ramp – even though it was dark and even though there was no flagger available to alert oncoming traffic.

As a result of the crash, plaintiff suffered brain damage, numerous broken bones and paralysis. He spent more than one year in the hospital and later in rehabilitation facilities. He still uses a motorized scooter to get around. His partner and legal guardian filed the lawsuit on his behalf. The matter was slated to go to trial in October, but after a series of focus groups determined a jury would likely hold the state at least partially responsible – and plaintiff was originally asking for $30 million – defendants agreed to a pre-trial settlement.

For motorcyclists, poor road conditions, negligent drivers and poorly-marked changes in the road could present serious hazards. That’s why road awareness is extremely important at all times, but especially so when riding through a work zone.

Our experienced motorcycle accident attorneys are dedicated to fighting for the rights of motorcyclists injured as a result of the negligent act or omission of another. Government agencies and construction companies owe a duty to maintain safe roadways and to quickly address foreseeable hazards.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

$18.5 Million Settlement Reached in Interstate 5 Motorcycle Crash Lawsuit, Aug. 26, 2016, By Natalie Johnson, The Chronicle

More Blog Entries:

Florida BUI Laws Come Under Scrutiny, Nov. 7, 2016, Fort Lauderdale Motorcycle Accident Lawyer