Jared Scott Ditri, 19, was killed in an August 10, 2010 car accident on Highway 99 in Sutter County. California Highway Patrol officials say the crash occurred in the Tudor area, when Ditri turned his car from southbound Garden Highway into the path of an oncoming big-rig on northbound Highway 99. This accident put the spotlight back on the T-intersection that the state is eliminating with the creation of the "Tudor Bypass." This major realignment of Highway 99 is expected to be completed in 2012. In July, several food trucks were involved in a similar crash in the same area.

I offer my deepest condolences to the family and friends of young Jared Scott Ditri for their tragic and heartbreaking loss. Please keep them in your prayers.

Did a Dangerous Roadway Cause this Crash?

Although there are concerns that this dangerous roadway may have caused Ditri's death, California Department of Transportation (Caltrans) officials are saying that the accident was caused by driver error rather than defective road design. They say no changes in the road pattern or speed limit is planned in the area. Officials say drivers sometimes get impatient and look one way and forget to look the other and the results can be tragic.

Government Liability

When is a governmental agency liable for personal injuries or deaths caused by a dangerous or defective roadway? Under the provisions of California’s Government Code Section 835, a public entity or government agency is liable for personal injury or death because of a condition of public property when the affected party proves that there was a dangerous condition on the public property at the time of the injury or death; that the injury was proximately caused by the dangerous condition; and the dangerous condition created a reasonably foreseeable risk of injury of the kind that occurred.

Government Code Section 835.4 also states that a public entity may absolve itself from liability for creating or failing to remedy a dangerous roadway condition by showing that it would have been too expensive, impractical or unreasonable for the agency to have done anything else but what it did or did not do. In addition, Governmental Code Section 830.4 states that a dangerous condition cannot be the absence of traffic control or warning signs alone.

In car accident cases where a dangerous roadway may have caused or contributed to the crash, deceased victims' families would be well advised to contact an experienced California personal injury lawyer, who will analyze all facets of the accident and make sure that the negligent parties are held accountable. Under California Government Code section 911.2, any personal injury or wrongful death claim against a public entity must be filed within six months of the incident.

What are some of the most dangerous roadways or street intersections in your city or neighborhood?

The BISNAR|CHASE personal injury law firm is not representing any of the parties mentioned in this article at the time the article was posted. Our information source is cited in the article. If you were involved in this incident or a similar incident and have questions as to your rights and options, call us or another reputable law firm. Do not act solely upon the information provided herein. Get a consultation. The best law firms will provide a free consultation. We provide a free, confidential consultation to not at fault persons named in this article. The free consultation offer extends to family members as well.

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