SAN FRANCISCO (BCN) — Caltrans and several companies are facing a wrongful death lawsuit filed Tuesday by lawyers representing the family of a man who was killed when his big rig toppled over the side of the Bay Bridge in November 2009.

Hayward resident Tahir Fakhar, 56, was killed after losing control of his truck, which was carrying a load of pears, as it traveled west on the bridge’s S-curve early on the morning of Nov. 9, 2009.

Fakhar’s truck veered out of his lane, scraped along a 3-foot guardrail, and then rolled over the side of the barrier, falling about 200 feet to Yerba Buena Island below.

The lawsuit, filed in San Francisco Superior Court Tuesday on behalf of Fakhar’s wife and two children, alleges that the S-curve designed by Caltrans served as “a concealed trap for motorists” crossing the Bay Bridge.

The suit also targets various companies that inspected, loaded and transported the pears, which were bound for a market in South San Francisco. The complaint alleges that the container on Fakhar’s truck was “dangerously overloaded and thereby susceptible to a catastrophic loss of control in a sharp curve.”

The crash was one of dozens that occurred along the curvy stretch of the bridge in the weeks after it was added during Labor Day weekend in 2009 as part of a replacement project for the bridge’s eastern span.

Since Fakhar’s death, Caltrans has added additional speed warnings, flashing radar signs, a higher roadside barrier along the curve, rumble strips and clearer lane striping.

R. Lewis Van Blois, the attorney representing the victim’s family, said there were 43 documented crashes at the S-curve prior to Fakhar’s death and “virtually none after,” which he said shows that Caltrans inadequately designed and regulated the detour.

“We feel the cause of the accident is the design of the curve and the failure to warn motorists accurately that they had to slow down significantly to be able to negotiate the curve,” Van Blois said.

Caltrans spokesman Bart Ney said he was not able to comment on pending litigation, but Caltrans officials said on the day of Fakhar’s death that his excessive speed, rather than the S-curve design, was the cause of the crash.

Investigators with the California Highway Patrol estimated that Fakhar was traveling 50 mph at the time of the crash. The speed limit drops to 40 mph on the S-curve with a maximum speed of 35 mph recommended on the sharpest curves.

Van Blois said the timeline of when the case will move forward is uncertain.

“It’s a complex case, and complex cases can take as long as two years to get a trial date, but we intend to move it as quickly as we can,” he said.

The family is seeking damages that include income loss, loss of future earnings, and funeral and burial expenses.

(© CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed. Bay City News contributed to this report.)

Comments (6)
  1. Steve says:

    It is too bad that the driver had to die, but I dont think the family should be suing the companies that loaded the stuff on to the truck. Weight is not much of an issue when all the driver had to do was DRIVE SLOWER. Also, slowing down before the sharp curve greatly reduces the chance for loss of control. I think the family needs to realize that it wasn’t all Caltran’s fault and there were steps that the diver could have done to reduce the chances of crash. They shouldn’t get greedy at the expense of their loved one cuz it just makes it look like “shame money”

  2. worker says:

    The idea of a lawsuit is Justified. They should pay the family something that will give them what they need to live for the rest of their lives plus getting the CalTrain to fix the problem. If it happened now, it will happen again in the future. Will it be your wife, son, daughter, husband or Other?

  3. Disgrace on the seek Google for now not positioning this post upper! Come on over and consult with my website.

  4. Thank you for the auspicious writeup. It in reality was a amusement account it. Look complicated to far delivered agreeable from you! Nevertheless, how can we keep in touch? 520225

  5. Thanks for this superb. I was wondering whether you were preparing of writing related posts to this 1. .Maintain up the superb articles! 413411

Leave a Reply

Please log in using one of these methods to post your comment:

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )


Connecting to %s

Watch & Listen LIVE