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Caltrans is Facing Litigation for Failing to Remove Tree on Highway 99

GavelNegligence lawsuits stemming from car crashes typically involve other road users, trucking companies, transit providers, or construction companies, but one family is suing Caltrans after the death of two family members. The surviving family of the victims claims the state is responsible for the death because they failed to remove a dangerous tree. What might this have to do with your own personal injury case? The following information explains, and it provides details on where to find assistance.

Why Caltrans May be Liable

Highway 99 has a high and well-documented fatality rate. Its road infrastructure is crumbling, and there is a eucalyptus tree that sits a mere 20 feet from the roadway. The road lacks barriers and barricades, which could protect drivers from hitting the tree. Unfortunately, the state has done nothing to remedy the situation. In fact, the tree continues to sit in its place, even after two vehicles collided with it and burst into flames. All passengers and drivers died at the scene.

It is this refusal to remove the tree for the sake of public safety that may result in liability for Caltrans. True, the surviving families of the victims have their work cut out for them, but they have every right to pursue compensation. Whether they will win or not remains to be seen.

Multiple At-Fault Parties is a Common Issue

Most auto accident victims know they have the right to pursue compensation after a crash, but they may not realize that there can be more than one negligent party after an accident. For example, the Caltrans case likely contains at least two negligent parties: one of the drivers, and Caltrans. Other cases where you might see multiple negligent parties include:

  • Trucking accidents,
  • Construction zone accidents,
  • Transit accidents,
  • Multi-car accidents, and
  • Accidents caused by a defective vehicle.
Getting the Most Compensation for Your Case

If you or someone you love has been killed or injured in an auto accident, ensure a full investigation is done of the crash. Doing so can help ensure that all at-fault parties are named, and it increases the chances that they are all held liable for their part in the crash. It is also advised that you ensure you have an attorney on your side, protecting your rights.

At Corsiglia, McMahon & Allard, LLP, we fight aggressively to ensure victims and their families receive the most compensation possible. That means we work hard to ensure that every negligent party is held accountable. Learn more about how our San Jose auto accident lawyers can assist with your case. Call (408) 289-1417 and schedule your free consultation today.

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