(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury/personal injury case and its proceedings.)
The investigation performed by the Gas Company’s experts confirmed that the speed of Mr. Brown’s Ford F-150 was 50.7 to 60.3 miles per hour. This report, prepared by Dr. Kevin Fish of the Institute of Risk and Safety Analyses, further states “We found no evidence that the traffic signals were not properly functioning at the time the subject collision occurred.” The report concludes It is clearly evident that Mr. Brown caused the subject collision by violating California Vehicle Code § 21453, failure to stop for a steady circular red signal.
Although the Gas Company has not formally accepted responsibility for causing this collision, Brown could not deny fault when pressed at deposition.
Q: Do you admit that you are at fault for this accident?
A: Yes. (Whitely deposition.)
SHERRIE MARTIN CANNOT BE APPORTIONED ANY RESPONSIBILITY FOR CAUSING THE SUBJECT COLLISION
The single eye-witness to the collision, Mr. Walkup, confirmed in his statement to the California Highway Patrol that Brown was completely at fault in causing the collision. Mr. Walkup stated that he was driving his vehicle northbound on White Road and was stopped at SR-40 waiting for his light to change. He observed the Martin vehicle stopped in the westbound left turn lane and after the signal cycled, she began a normal left hand turn. Mr. Walkup stated that the Martins were in a normal turn and were not in a hurry, and that Brown “came out of nowhere eastbound on SR-40, ran the red light and collided with the Martins.”
The defendants’ investigation report confirmed Mr. Walkup’s statements. Mr. Walkup would have been able to see traffic signals for northbound White Road from at least 1000 feet away, and also the front of Ms. Martin’s Chrysler stopped in the westbound left turn lane as he got closer to the intersection. Witness Walkup’s account of the subject collision is consistent with the traffic signal timing at the subject intersection…it is clearly evident that Mr. Brown caused the subject collision.
Mr. Brown confirmed in his deposition that he does not believe Sherrie Martin was negligent.
Q: Do you have any reason to believe that Sherrie Martin, the driver of the vehicle, was in any way at fault.
A: No (Brown deposition). (See Part 6 of 7.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.