Clayton Family Files Wrongful Death Claim Against Contra Costa County
Thursday, February 5th, 2009The family of a man who died while trying to help a stranded motorist on a gravel-covered stretch of road is seeking damages from Contra Costa County. The claim alleges that William Tindall’s death occurred because of a defective and dangerous road condition at the site of the crash.
In August 2008, Tindall was driving along Marsh Creek Road near Brentwood when he spotted a motorist whose car had skidded off the road and into an embankment. Tindall got out of his car to help the man, and as he stood by the road, another car lost control, and skidded off the road and into Tindall.
Now, Tindall’s family, his widow Laura, and daughter Erin, have field a claim against the county, claiming the dangerous conditions of the road were responsible for his death. The amount of damages claimed is unspecified. There was resurfacing and repairing of the road underway, leaving it covered with gravel. Drivers who were driving even at moderate speeds were at risk of skidding off the road. The county had been aware of the dangerous condition of the road through complaints made by residents. There had also been numerous accidents at the scene that should have warned county authorities, and alerted them to the danger at the site. Just 5 days before Tindall died, an Oakley resident had been killed in a car accident at the same spot. Then, California Highway Patrol officers ruled that the accident was a result of the driver’s speeding which caused her to lose control. Despite all types of warning signals, the county neglected to post warning signs at the site to warn drivers to reduce their speed because of the risk of skidding over the gravelly stretch
A lack of warning signage that can warn drivers of a trouble spot ahead is just one of the ways that a local agency like the county authorities here, can fail to maintain a safe road for motorists. Here, it appears that the county had adequate information about the danger that the particular spot posed to drivers. There had been numerous accidents that had taken place at the spot, and even a fatality that occurred just a few days before Tindall’s death. The county had even received letters from citizens about the dangers of the road and chose not to act. When repairs are being done on a stretch of roadway, and the result is likely to be an uneven surface that can cause a vehicle to skid and slide, then sufficient warning signs should have been posted, at the very least. These might have prevented the kind of skidding that resulted in Tindall’s death.
When an accident occurs because of negligence of a local or state agency that is responsible for maintenance of a road, then the agency can be named in an injury or wrongful death claim. A California wrongful death lawyer may be able to calculate damages and prepare a claim for your losses.
The Reeves Law Group is a law firm with offices throughout California dedicated exclusively to the representation of personal injury victims, including victims of wrongful deaths. Please visit our website at trlglaw.com. If you desire a free consultation on a personal injury matter, please call us at (800) 644-8000 or email us.