Case: Angel LaShawn Foster

Auto versus Auto Collision with Fatality Involving Construction Zone Conditions

Location: Northbound I-215 North of Devore Road
San Bernardino County, CA

Client: Walter Clark Legal Group
Vince Bledsoe, Esq.
Rancho Mirage, CA

Case Description

Auto versus Auto Collision

Incident Overview:

This case involved a fatal auto collision on the northbound I-215 freeway in San Bernardino County, CA. The accident occurred under daylight conditions within a construction zone. A driver, confused about the location of the southbound I-15 connector ramp, made a rapid last-second lane change, sideswiping a second vehicle. The impact caused the second vehicle to spin out of control, eventually entering the dirt gore area between the I-215 northbound lanes and the southbound I-15 connector ramp. The vehicle then collided with a stationary construction trailer equipped with a generator and light standard. Both the vehicle and the trailer rolled over in the gore area and on the transition ramp, resulting in fatal injuries to the second driver.

Services Provided:

Signs and Markings Analysis: EES evaluated the effectiveness of freeway signs and road markings, specifically assessing if they were clear and visible enough to prevent driver confusion in the construction zone.

Temporary Traffic Control Evaluation: Our team reviewed the setup and adequacy of temporary traffic control measures within the construction zone, including lane closures, detour signs, and traffic cones.

Construction Management Review: EES investigated the management of the construction zone, focusing on whether safety protocols were followed and if the site was properly maintained to minimize the risk of accidents.

Clear Roadside Recovery Zone Assessment: We examined the dirt gore area and transition ramp to determine if adequate roadside recovery zones were in place to prevent further escalation of the collision.

Contractual Obligations and Responsibilities Analysis: EES assessed the contractual responsibilities of the design-build contractor and state agencies involved in the construction project, determining whether they met the required safety standards.

Standard Specifications and Requirements for Road Users’ Safety: Our team reviewed the standard specifications and legal requirements for road users’ safety in construction zones, assessing whether the area met compliance and safety guidelines.

Issues Addressed

Signs and Markings

Assessing the Adequacy of Signage and Road Markings In this case, driver confusion regarding the location of the southbound I-15 connector ramp was a critical factor. EES analyzed the signage and road markings on I-215 leading up to the construction zone, determining if they were properly placed, visible, and provided clear guidance to drivers. Our evaluation helped establish whether inadequate signage played a role in the crash.

Temporary Traffic Control

Evaluating the Effectiveness of Construction Zone Traffic Control Temporary traffic control measures are crucial in managing vehicle flow and preventing confusion in construction zones. EES reviewed the traffic control plan implemented at the time of the collision, assessing whether lane closures, signs, and barricades were properly installed and in line with traffic safety standards.

Construction Management

Investigating the Safety Management of the Construction Zone Proper management of construction zones is essential to ensure the safety of road users. EES investigated whether the construction area was maintained according to safety protocols, including the placement of equipment, trailers, and any temporary lane adjustments that could have contributed to the accident.

Clear Roadside Recovery Zone

Assessing the Safety of the Roadside Environment In this case, the out-of-control vehicle entered the dirt gore area and struck a stationary trailer, leading to the fatal rollover. EES examined whether the clear roadside recovery zone, which should provide drivers with space to regain control in emergencies, was sufficient and free of obstacles. Our analysis helped determine if the roadside design was a contributing factor in the severity of the accident.

Contractual Obligations and Responsibilities

Analyzing the Responsibilities of Contractors and Agencies EES assessed the contractual responsibilities and obligations of the design-build contractor and state agencies involved in managing the construction project. This analysis focused on determining whether the parties responsible for the construction zone met their safety obligations and whether any contractual breaches contributed to unsafe conditions.

Standard Specifications and Requirements for Road Users’ Safety

Evaluating Compliance with Construction Zone Safety Standards EES reviewed the standard specifications and legal requirements for road user safety in construction zones. Our team determined whether the construction zone complied with safety standards and state regulations designed to protect drivers in active construction areas.

Client Benefits

Comprehensive Traffic Control Evaluation: Our analysis of the signs, road markings, and temporary traffic control measures provided critical insights into whether the construction zone was properly managed to prevent driver confusion.

Detailed Safety Assessment: EES’s evaluation of the construction management, clear roadside recovery zones, and compliance with safety standards offered a comprehensive understanding of the conditions that contributed to the accident.

Expert Testimony on Contractual Responsibilities: Our investigation into the obligations of contractors and state agencies provided clear evidence to support the legal arguments regarding liability and safety standards in the construction zone.