The family of Tahir Sheikh Fakhar, who fell to his death on the Bay Bridge S-curve (part of Interstate 80) on November 9, 2009, has filed a wrongful death claim against the state of California and Caltrans (the California Department of Transportation). The state has 45 days to respond to the claim, which seeks unspecified damages. It is the first step in a lawsuit against the state on behalf of Fakhar's widow and two sons.
According to ABC 7 News in San Francisco, the victim's family is claiming three things in respect to the accident: (1) Caltrans failed to warn drivers by not having adequate warning signs posted; (2) the S-curve was faultily and poorly designed; and (3) the three-foot guardrail was too short. Fakhar's big rig was 12-feet high, and plunged 200 hundred feet to Yerba Buena Island. Fakhar died immediately.
Although an official report has still not been released, the California Highway Patrol has maintained that Fakhar was driving too fast at the curve, going 50 mph instead of 35 mph, when the crash occurred at 3:30 a.m. on November 9. From the time the S-Curve was opened in September until Fakhar's accident in November, there were more than 40 crashes on the curve. Fakhar's accident was the first fatality.
Since the accident, Caltrans has installed warning signs and rumble strips, and stepped up patrols in the area.
Sources: Mercury News, ABC 7, KCBS News, San Francisco Chronicle
If you have been involved in an accident or a family member has been killed in an accident that you believe may have been caused by a dangerous roadway condition, contact the attorneys at Estey Bomberger to discuss your rights in a possible claim. We have successfully handled a number of these cases and offer a free consultation to review your case and answer any questions you may have.
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