A Fatal Car Crash Results in $3,060,000 Settlement

On September 5, 2016, a father, daughter and husband, and their son were driving on eastbound SR 138 in San Bernardino County.  SR 138 was undergoing construction and there were K-rails placed on the westbound side of the road in this area. Defendant Justin Chivas was driving westbound. Chivas slowly drifted to the right, left the road, impacted a K-rail, and abruptly went leftward into the eastbound lane and the father’s vehicle. Defendant Braxton then hit the back of the father’s vehicle.  The father died. The daughter was seriously injured, including a fractured sternum and right wrist. The husband was seriously injured, including injuries to his back. All were belted. The son, who was properly belted in a car seat, suffered minor injuries.  

Plaintiffs sued the State of California for dangerous condition of public property, and the Estate of Justin Chivas, Braxton, and the Contractors for negligence.

The State of California filed a motion for summary judgment, which was denied. The Contractors also filed a motion for summary judgment, which was denied. The matter resolved for $3,060,000.00.

Thomas J. Brandi and Brian J. Malloy, of The Brandi Law Firm, represented the plaintiffs in this issue.