Tonia Marie Evans, 44, was killed in a July 21, 2010 car accident on Highway 101 after another vehicle collided head-on with hers. According to a report in The Willits News, Evans was driving a 1995 Toyota 4Runner south on the highway when a 2001 Subaru driven by 37-year-old Saskia Martin swerved into the southbound lanes into the path of the 4Runner. California Highway Patrol officials said the head-on collision caused the Toyota SUV to roll over. Martin and Tonia Evans' husband, 52-year-old Allen Evans, sustained minor injuries. However, Tonia Evans died at the scene.
Martin told officials that she was in the slow lane of Highway 101 behind a big rig, when she attempted to pass it. Just as she did so, she spotted an abandoned bicycle in her lane and braked. Martin said it was then that she lost control of the Subaru and entered opposing lanes of traffic. CHP officers took the bicycle off freeway lanes. An investigation is ongoing.
The Result of Roadway Debris?
I offer my deepest condolences to the family and friends of Tonia Marie Evans for their tragic, heartbreaking and untimely loss. This grieving family will be in my thoughts and prayers.
Based on this news report, it appears that this tragic accident may have occurred as a result of someone dropping the bicycle in traffic lanes. The California State Department of Transportation estimates that 140,000 cubic yards of debris is dumped on California's roadways each year. In California, roadway debris has caused 155 traffic accident deaths and numerous catastrophic injuries between 2006 and 2008.
Laws and Liability Issues
California law prohibits anyone from throwing or dumping matter on the highway. California Vehicle Code section 23112 (a) states: "No person shall throw or deposit, nor shall the registered owner or the driver, if such owner is not then present in the vehicle, aid or abet in the throwing or depositing upon any highway any bottle, can, garbage, glass, nail, offal, paper, wire, any substance likely to injure or damage traffic using the highway, or any noisome, nauseous, or offensive matter of any kind."
In such cases where deadly crashes are caused by roadway debris, the person or entities that were responsible for dropping the debris on the roadway can be held liable for the accidents and resulting injuries or deaths. Individuals who are injured in such car accidents would be well-advised to consult with an experienced California personal injury lawyer who has successfully handled roadway debris cases. A skilled car accident lawyer should inform victims and their families how their car insurance policy will apply to such roadway accidents.
Have you ever had a close call on the roadway as a result of debris?
None of the parties mentioned in this article are represented by us at the time this article was posted. The source of our information is cited in the article. If you were involved in this incident and have questions as to your rights and options, call a reputable law firm for a consultation. Do not act solely upon the information provided herein. The BISNAR | CHASE personal injury law firm will provide free, confidential consultation to "not at fault" persons and their family members if you mention your source was the “Personal Injury Law Journal." They can be reached at 866-456-5235 during California business hours.
