HolyCoast: Caltrans Not Responsible For Deadly Mission Viejo Crash
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Wednesday, July 14, 2010

Caltrans Not Responsible For Deadly Mission Viejo Crash

Back in May of 2007 a heartbreaking accident happened almost within view of my house that took the lives of three small children when their mother's minivan was stopped in traffic and struck by a truck.  It was a terrible story that hit a lot of people in this area hard.

Shortly after the accident I wrote about some concerns that I had based on a lawyer's press conference.  Here's what I wrote on May 12, 2007:
One thing that has kind of bugged me this week was a press conference held by the family lawyer who is already talking lawsuit. Certainly, a suit against the truck driver that caused the accident and the company that employs him is reasonable and expected, but what bothered me was the lawyer's statements that indicate a planned suit against Caltrans because the accident occurred on a busy stretch of the I-5. The lawyer has a history of having won a big case against Caltrans in another freeway accident.

At the peril of sounding callous, this bothers me. This accident was caused by an inattentive driver who failed to recognize a dangerous situation and an innocent family paid the price. It was not the fault of the freeway. There's no design flaws, visibility problems, or anything else that would cause the road to be a contributory factor in the accident. It's a busy stretch of road, and although there have been accidents there before, serious wrecks like this one have been rare.

If you want to blame somebody for heavy traffic on the I-5, how about filing a suit against the environmental activists and legislators who are doing everything they can to stop the completion of the 241 Toll Road from Mission Viejo to Camp Pendleton. Completion of that road would greatly relieve the pressure on the I-5 and would make the commute through southern Orange County much safer. However, because some bunnies might be displaced through a remote section of a State park, the environwackos and their allies in Congress are doing everything they can to block the road and the progress that would result. If you're looking for a crime, look there.

To blame Caltrans and the freeway is to blame the taxpayers of California, because we are the ones who will get stuck with the bill should there be a successful suit or settlement against the State. We all grieve for the loss, but we're not all responsible.
Today a jury agreed with my assessment of Caltrans' lack of culpability in this accident:
Lori and Chris Coble held hands in the courtroom gallery Wednesday, one bench away from jurors about to deliver a verdict in their wrongful death case against Caltrans for the fiery freeway crash that killed their three children.

"Was the public property owned by Caltrans in a dangerous condition?" said the court clerk, opening the special verdict.

The response: "No."

The Cobles leaned forward, heads in their hands. After three weeks of testimony, a day and a half of deliberations and more than three years since a big-rig slammed into Lori Coble's minivan – leaving Kyle, 5, Emma, 4, and Katie, 2, dead – eight women and four men determined Caltrans was not at fault in the accident.
My heart still goes out to this family, but I think justice was done in this case. The truck driver was found guilty and sentenced to prison. This accident was his fault and he's paying the price.


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