John Forester, M.S., P.E.
Cycling Transportation Engineer
Consulting Engineer, Expert Witness & Educator in
Effective Cycling, Bicycles, Highways & Bikeways, Traffic Laws
7585 Church St., Lemon Grove, CA 91945-2306
619-644-5481, forester@johnforester.com
COMPLETED CASES
WITH DEPOSITION OR TESTIMONY
Payne vs Almaguer, Superior Court, Santa Barbara, California, 2010. I assisted Michael Dolan, Jr, attorney for defendant Almaguer. Kendra Payne was a member of the triathlon team of the University of California at Santa Barbara. She was on a training ride climbing a mountain road behind Santa Barbara, and at the time of the accident had fallen behind her companions and was riding alone. The climb was about 3400 feet altitude gain; the road, for the most part, and certainly near the accident site, was a narrow, twisty two lane road with pavement in bad condition. On the climb, the right-hand side was the high side of the mountain, the left-hand side the drop off to the valley. Payne was overtaken by a truck and trailer driven by Almaguer. Both truck and trailer were loaded with hot asphalt destined for a paving job near the top of the ridge. As is typical of such rigs carrying concentrated loads, the trailer was short but was pulled by a long tongue, so that the length of the rig was about the maximum permitted length, to distribute the axle loads over the greatest length of pavement. Almaguer's rig was followed, but not closely, by another similar rig also carrying hot asphalt for the same job.
As Almaguer's truck overtook Payne, the road had been curving slightly to the right, and then curved slightly to the left. Almaguer's truck was in the left curve when the accident occurred. The trailer was alongside Payne just about where the road straightened between the curves, and was following the truck's movement on the left curve. Payne was crushed beneath the rear tires of the trailer, and died, although her bicycle was not damaged. The second trucker saw the accident as it occurred, and radioed the information to Almaguer. The second trucker stated that he saw Payne falling to her left so that her body fell under the rear tires of the trailer.
The official accident investigation was thorough, and the location was closely identified. At that point, the pavement of the right-hand side of the roadway became particularly bad, with potholes and gravel present. The accident mechanism is obvious. Payne chose to continue across this area rather than stopping. She was in some low gear because of the climb, possibly standing up. Her rear tire spun on the gravel and slipped to the right, following the crown of the pavement, so she fell to the left. This is a well-known type of fall when the surface is slippery. It is clear that Almaguer had no responsibility for the accident. However, Almaguer's record showed felony convictions while there had been enormous newspaper publicity in the local newspaper in favor of Payne, and the local state legislator had started a bill. After opening statements the trial turned into a settlement conference.
End
Cases 2010 - page last changed: 15-Jan-10
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