Case: Stephen Frank v WSDOT

Solo Motorcycle Accident Involving Pavement Removal and Highway Maintenance Practices

Location: Highway 410 at Postmile 58
Pierce County, WA

Client: Strittmatter Kessler Moore
Seattle, WA

Case Description

Solo Motorcycle Accident

Incident Overview:

This case involved a solo motorcycle accident on Highway 410 at Postmile 58 in Pierce County, WA. The accident occurred in an area where the pavement had been removed for highway maintenance. The motorcyclist, Stephen Frank, lost control of the vehicle while navigating the roadway under these conditions. The case focused on the adequacy of highway construction practices, the implementation of temporary traffic control, and the management of flagging and pilot car operations during the roadwork.

Services Provided:

Highway Construction Practices Evaluation: EES assessed the highway construction practices in place at the time of the accident, determining whether they complied with industry standards and whether any lapses in safety protocols contributed to the crash.

 

Temporary Traffic Control Analysis: Our team evaluated the temporary traffic control measures, including signage, barriers, and lane adjustments, to assess whether they provided adequate warning and guidance to road users, especially motorcyclists.

 

Flagging Operations Review: EES reviewed the flagging operations implemented at the construction site to determine if flaggers were appropriately positioned and trained to direct traffic safely through the work zone.

 

Pilot Car Operations Assessment: We evaluated the use of pilot cars in guiding traffic through the construction zone, analyzing their effectiveness in ensuring safe navigation for drivers, particularly for motorcycles.

 

Standard Specifications Review: EES reviewed the standard specifications governing highway construction and maintenance to determine whether they were followed properly, including protocols related to pavement removal and resurfacing.

 

Contractual Obligations and Responsibilities: EES analyzed the contractual obligations of the construction contractor and the Washington State Department of Transportation (WSDOT) to determine if both parties fulfilled their responsibilities regarding highway safety and construction management.

Issues Addressed

Highway Construction Practices

Evaluating Compliance with Safety Standards EES conducted a thorough evaluation of the highway construction practices employed during the pavement removal. We assessed whether the work was performed in compliance with standard safety protocols and whether the conditions created by the pavement removal were managed in a way that minimized risks to road users, particularly motorcyclists who are more vulnerable to changes in road surfaces.

 

Temporary Traffic Control

Analyzing the Effectiveness of Traffic Control Measures Temporary traffic control is essential in construction zones to ensure the safety of drivers and workers alike. EES reviewed the placement and adequacy of temporary traffic control devices, including signs, barriers, and lane closures, to determine if they provided sufficient warning to motorcyclists approaching the construction area. Our analysis focused on whether the traffic control plan adhered to safety standards and if improvements could have prevented the accident.

 

Flagging Operations

Assessing the Role of Flaggers in Ensuring Safe Traffic Flow Flaggers play a critical role in directing traffic through active construction zones. EES reviewed the flagging operations in place at the time of the accident, examining whether flaggers were properly positioned, trained, and equipped to manage the flow of traffic safely. Our analysis helped determine if any failures in flagging contributed to the motorcyclist’s loss of control.

 

Pilot Car Operations

Evaluating the Use of Pilot Cars for Traffic Guidance Pilot cars are often used in construction zones to guide vehicles safely through areas where normal lane configurations have been altered. EES evaluated whether pilot cars were used effectively in this case to ensure safe navigation through the work zone, particularly for motorcycles that require smoother surfaces and clear guidance.

 

Standard Specifications

Reviewing Construction Specifications for Compliance EES reviewed the standard specifications governing highway maintenance and construction at the time of the accident. This review included an evaluation of the protocols for pavement removal, temporary surface conditions, and traffic control. Our analysis provided insights into whether these specifications were followed and if any deviations contributed to the motorcyclist’s accident.

 

Contractual Obligations and Responsibilities

Determining Accountability for Highway Safety EES examined the contractual obligations of both the construction contractor and WSDOT to ensure that they met their responsibilities for maintaining a safe roadway during construction. This analysis included an evaluation of the terms related to traffic control, flagging, and surface conditions, helping to establish liability for the conditions that led to the accident.

 


Client Benefits

Comprehensive Evaluation of Construction Practices: EES’s detailed review of highway construction practices and temporary traffic control provided critical insights into whether the conditions of the work zone contributed to the accident.

Thorough Analysis of Traffic Control and Flagging: Our evaluation of flagging operations and pilot car use helped clarify whether proper traffic management was in place and if it played a role in preventing the motorcyclist’s accident.

Expert Testimony on Contractual Responsibilities: EES’s analysis of the responsibilities of the contractor and WSDOT helped establish a clear understanding of liability in the case, strengthening the client’s legal strategy.

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