Case: Jessie Stacy v Jimmie Chiu

Vehicle versus Motorcycle Collision Involving Sight Distance and Intersection Ownership Issues

Location: Waikoloa Road at Uluwehi Street
Island of Hawaii

Client: Jacob K. Lowenthal, Esq.
Wailuku, HI

Case Description

Vehicle versus Motorcycle Collision

Incident Overview:

This case involved a collision between a vehicle and a motorcycle at the intersection of Waikoloa Road and Uluwehi Street on the Island of Hawaii. The accident occurred under conditions that raised questions about restricted sight distance caused by median foliage. Additionally, the case focused on maintenance agreements between the public entity and a private homeowner association (HOA), as well as the ownership and control of the intersection. The collision resulted in a detailed investigation into the median design, accident reconstruction, and the accuracy of the 3D laser scan conducted at the scene by the Hawaii Police Department.

Services Provided:

Sight Distance Analysis: EES evaluated the sight distance at the intersection, particularly the role of the median foliage in restricting visibility and its potential contribution to the accident.

Maintenance Agreement Review: We examined the maintenance agreements between the public entity responsible for the road and the private homeowner association to assess who was responsible for maintaining the median foliage and whether proper maintenance was conducted.

Intersection Ownership and Control: EES investigated the ownership and control of the intersection to determine which entity had responsibility for safety measures and roadway conditions.

Median Design and Maintenance Assessment: Our team reviewed the design of the median, focusing on whether it was properly maintained to ensure adequate visibility and compliance with safety standards.

Accident Reconstruction: EES performed a detailed accident reconstruction to determine the sequence of events that led to the collision, taking into account vehicle speeds, impact points, and sightline issues.

3D Laser Scan Evaluation: We analyzed the 3D laser scan conducted at the scene by the Hawaii Police Department to develop accurate diagrams and provide a clear understanding of the accident’s dynamics.

Issues Addressed

Restricted Sight Distance

Evaluating the Impact of Median Foliage on Visibility The restricted sight distance at the intersection was a central issue in this case. EES conducted a comprehensive analysis of the sightlines from both the vehicle and motorcycle’s perspectives, determining how the median foliage may have obscured the drivers’ ability to see each other in time to avoid the collision. Our evaluation included measuring distances, foliage height, and the placement of the median in relation to the intersection.

Maintenance Agreements

Reviewing Agreements Between Public Entity and HOA EES investigated the maintenance agreements between the public entity responsible for the road and the private HOA overseeing the median. We assessed whether the HOA or the public entity was responsible for the upkeep of the median foliage and if proper maintenance had been conducted in compliance with the agreement. Our analysis helped clarify liability for the lack of adequate sight distance at the intersection.

Intersection Ownership and Control

Determining Responsibility for Intersection Safety Ownership and control of the intersection were critical to determining which entity was responsible for maintaining safety standards, including proper signage, road markings, and the condition of the median. EES evaluated the intersection’s jurisdiction to identify whether the public entity or the HOA was accountable for ensuring safe driving conditions.

Median Design and Maintenance

Analyzing the Design and Condition of the Median The design of the median was scrutinized to determine if it contributed to the restricted sight distance and overall safety of the intersection. EES reviewed the median’s construction, foliage placement, and the level of maintenance performed. Our findings provided insight into whether the median design met safety standards and if improper maintenance was a contributing factor in the accident.

Accident Reconstruction

Reconstructing the Collision Sequence EES conducted a detailed accident reconstruction to establish the sequence of events leading up to the collision. This reconstruction took into account the positions of the vehicle and motorcycle, their speeds, and the timing of the impact. Our reconstruction was essential in determining how the restricted sight distance may have played a role in the crash.

3D Laser Scan Evaluation

Analyzing the Scene Using Advanced Technology The Hawaii Police Department performed a 3D laser scan of the accident scene, capturing critical details about the intersection layout and the vehicles’ positions. EES utilized this data to create accurate diagrams and models of the accident, providing a clear visual representation of the collision dynamics. Our analysis ensured that the laser scan was properly interpreted and integrated into the case.

Client Benefits

Clear Understanding of Intersection Visibility Issues: EES’s sight distance analysis provided the legal team with a detailed understanding of how restricted visibility due to median foliage contributed to the accident.

Expert Analysis of Maintenance Responsibilities: Our review of the maintenance agreements clarified the responsibilities of the public entity and the private HOA, helping to identify which party was liable for the condition of the median and its impact on the accident.

Accurate Accident Reconstruction: EES’s reconstruction of the collision and evaluation of the 3D laser scan offered precise insights into the accident sequence, helping to strengthen the case’s arguments regarding fault and liability.