Passenger Killed in Crash on Highway 154 Near Windy Gap
One person died in a solo-vehicle crash early Thursday morning in Santa Barbara County, authorities have reported. The fatal rollover crash occurred in the Windy Gap area on Highway 154 (the Chumash Highway), about a half-mile south of Painted Cave Road, and involved a 2006 Dodge Dakota pickup truck. According to reports of the incident, the driver and passenger were travelling from Malibu on their way to Chumash Casino in Santa Ynez.
Around midnight, the driver, Bert Barrera, 38, swerved to avoid some rocks that had fallen in the roadway, and struck another rock that was concealed by brush, causing him to lose control of the pickup truck. The vehicle crashed into a hillside and overturned. The rollover caused the roof to cave in and fatally injured the front seat passenger, a 45-year-old Malibu man who was not identified. Barrera suffered minor to moderate injuries. According to the CHP, alcohol was not a factor in the crash, and both men were wearing seat belts.
Cause of the Crash & Liability Issues
Although the cause of the accident is still under investigation, if news reports are accurate, the crash occurred because the driver did not see the rocks in the roadway. It is unclear how fast the pickup truck was travelling when the accident occurred, and if the driver could have prevented the collision. The passenger's death was likely caused by the roof of the pickup truck caving in and fatally crushing him. This accident raises a number of concerns from a legal standpoint. One, how long had the rocks been in the road, and did Caltrans know they were in the road before the accident occurred? If Caltrans was aware of the rocks, but failed to remove the rocks from the road in a reasonable amount of time, or if they were aware that rocks had fallen in the area in the past, Caltrans could be liable for the dangerous road condition.
Secondly, could the pickup truck have been better designed to prevent the passenger's death in this accident? Pickup truck rollovers often result in fatality or catastrophic injury because their roof and roof pillars may collapse. Because pickup trucks are not classified as "passenger vehicles," they are not subject to the same federal safety standards imposed on cars, even though they are marketed as passenger vehicles. Pickup truck rollovers, although not as common as SUV rollovers, may be subject to the same legal issues and remedies. Emergency avoidance maneuvers such as the one described in this April 29th accident on State Route 154, are common causes of pickup truck rollovers.
Wrongful Death Liability
While this accident is still under investigation, the family of the man killed would be well-advised to talk to a an experienced California wrongful death lawyer as soon as possible. An experienced attorney familiar with dangerous roadway condition and vehicle rollover cases can review the accident report, arrange to have the vehicle and location of the incident inspected, and further advise the family of their best course of action in a possible wrongful death claim.
Continue reading "Passenger Killed in Crash on Highway 154 Near Windy Gap " »
