The New York Times
The Washington Post
USA Today
San Jose Mercury News
CBS This Morning
ABC
NBC

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.

Sources
Client Reviews
★★★★★
I absolutely cannot speak highly enough of CMA Law, particularly of Mr. McMahon, with whom I have had the most experience. My entire family and I trusted CMA with our case following a significant and life-altering vehicle accident, and to say they delivered is putting it lightly. They were reachable & personable at every stage of this arduous, complex, and scary process, made things easier at every stage, inspired us with confidence, and delivered results. If you're looking for a law firm to place the trust of you in your family in, look absolutely no further than CMA - this is your firm. Declan O.
★★★★★
I suffered a severe spinal injury while working as a farm mechanic in the Salinas Valley. The attorneys -Tim McMahon and Mark Sigala were fantastic from the beginning. They fought for me over 3 long years and in the end, we won a difficult liability case against the farm company who was using dangerous equipment. The defendants in the case tried everything to put the blame on me and even claimed I was their employee in order to avoid civil responsibility. Tim and Mark never gave up on me and my case. I cannot recommend them highly enough. They are fighters. Adrian A.
Martindale-Hubbell
Best Law Firms
American Board of Trial Advocates
2010 Street Fighter of The Year Award Finalists
Irish Legal 100
The Best Lawyers in America
AVVO
Santa Clara County Bar
BBB
Super Lawyers
The National Trial Lawyers
California Lawyer
Top One
Santa Clara County Trial Lawyers Association
Public Justice Trial Lawyer of The Year