Both a trucking company, and the California Department of Transportation, has been named in a wrongful death lawsuit filed on behalf of a boy that died in a crash last year in Monterey County, as reported by The Californian.
Caltrans and Bhandal Brothers are cited for alleged negligence that led to the deaths of M.A.R., 48, of Castroville, and A.N., a four-year old boy, of Morgan Hill. The lawsuit was filed on December 6 in Monterey County Superior Court by the boy's parents, C.J. and E.N.
No wrongful death lawsuit filing has been mentioned on behalf of M.A.R. The woman and boy died in the same incident, but in separate cars and are from unrelated families.
The California Highway Patrol reported that on November 5, 2010, M.A.R. was traveling in a 1992 Honda Accord, when her vehicle was propelled into oncoming traffic by a tractor-trailer truck that hit her from the rear.
The Honda had been stopped in the westbound lane of Highway 156 as M.A.R. was getting ready to maneuver a left-hand turn.
R.W., 52, the driver of the truck, failed to stop his vehicle in time to avoid the collision. R.W. was traveling westbound as well, and rammed M.A.R.'s vehicle into the eastbound lane.
Once thrust into oncoming traffic, the Honda, followed by the truck, struck a 2003 Chrysler Sebring. The Sebring was piloted by C.J. - and his young son was a passenger.
The lawsuit states that A.N. was properly strapped into a child-safety seat, behind the driver's seat, at the time of the crash.
Caltrans policy is not to comment on any litigation. The owner of the truck company, that a representative referred media to, was unreachable.
Ed Vasquez, with the law firm representing C.J. and E.N., Corsiglia, McMahon & Allard, talked about the hazards of the highway, naming it as the worst in the entire state. He said, "It's unsafe. It's not a secret. It's been (that way) for well over 10 years. The safety of this stretch of highway has been called into question and it needs to change."
The parent's attorney, Robert Allard, in agreeing with Vasquez, said that the road required widening since 1998. His belief is that the lawsuit will force change.
Allard added, "Our goal through this tragedy is to make roadway conditions safer so that this does not happen to another family. There is no way that vehicles should be allowed to come to a complete stop on this two-lane, 55 mph freeway to make a left turn. These were two deaths waiting to happen."
Among the damages sought from Caltrans and the trucking company, still to be specified, include loss of future income, support and services from the boy as well as costs incurred in the lawsuit.
Contact a personal injury lawyer if you need to file a wrongful death lawsuit. Damages for your losses, as well as change, are often awarded in such cases.