CC SR 20211019 D - Claim Against the City Byron Walker
RANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 10/19/2021
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consideration and possible action regarding a claim against the City by Byron Walker.
RECOMMENDED COUNCIL ACTION:
1) Reject the claim and direct Staff to notify the claimant, Byron Walker.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Teresa Takaoka, City Clerk
REVIEWED BY: Karina Bañales, Deputy City Manager
APPROVED BY: Ara Mihranian, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Byron Walker claim (page A-1)
BACKGROUND AND DISCUSSION:
The City of Rancho Palos Verdes (City) is a member of the California Joint Powers
Insurance Authority (Authority), which provides risk management services and handles
any liability claims received by the City. Under the current practice, claims presented to
the City Clerk are forwarded by the Authority to a third-party claims administrator, Carl
Warren and Company (Carl Warren) for adjusting.
Carl Warren’s staff reviews each claim on its merits and contacts the City with any
requested action pertaining to the disposition of the claim. The City Clerk and the City
Attorney review each claim when received and work closely with Carl Warren throughout
the claims process.
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CITYOF RANCHO PALOS VERDES
Claimant:
On August 31, 2021, the City received a claim for damages from Byron Walker. The claim
was referred to Carl Warren for review and investigation. The claimant states that on
March 10, 2021, he suffered injuries as a result of a collision between two motor vehicles.
Deposition:
Carl Warren has reviewed the claim and found that there is no liability for the City as there
is no evidence of road deficiencies or of view impeding vegetation. Further, it was noted
in the traffic collision report that the other driver involved was cited for driving at an unsafe
speed for conditions as the road was wet from previous “rain showers.”
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A-1
FILE WITH :
CITY CLERK 'S OFF ICE
City of Ra ncho Palos Verdes
30940 Hawthorne B lvd.
CLAIM FOR DAMAGES
TO PERSON OR PROPERTY
Rancho Palos Verdes, CA 90275
INSTRUCTIONS
1. Claims for death, injury to person or to personal property must be filed not
later than six months after the occurrence. (Gov. Code Sec. 911 .2 .)
2 . Claims for damages to real property must be filed not later than 1 year after
t he occurrence. (Gov. Code Sec. 911.2.)
3 . Read entir e c laim form before filing.
4. See Page 2 for diagram upon which to locate place of accident.
5 . TH IS CLAIM FORM MUST BE SIGNED ON PAGE 2 AT BOTTOM.
6. Attach separate sheets, if necessary, to give full details . SIGN EACH SHEET.
TO : CITY OF RANCHO PALOS VERDES
Name o f Claimant
Byron Walker
Home Address of Clai mant
Business Address of Claimant
City and State
City and State
Give address and t elephone number to which you desire notices or
communications to be sent regarding this claim :
RESERVE FOR FILING STAMP
CLAIM NO . 2,.02 l,.. I '
RECEIVED
CITY OF RANCHO PALOS VERDES
AUG 31 2021
CITY CLERK'S OFFICE
Date of Birth of Claimant
Occupation of Claimant
Self Employed
Home Telephone Number
Business Telephone Number
Claimant's Social Security No.
Not provided
When d id DAMAGE or INJ URY occur?
Date 03/10/2021 Time Approx. 17 00
If c laim is for Equitable Indemnity, give date
claimant served with the complaint:
Names of any city employees involved in INJURY or DAMAGE
Unknown at th is time
Date
Where did DAMAGE or INJURY occur? Describe fully , and locate on diagram on Page 2. Where appropriate , give
street nam es and address and measurements from landmarks:
Crest Road , approximately 1400 feet north of t he intersection with Palos Verdes Drive East; see attached Traffic Collision Report
Desc ribe in detai l how the DAMAGE or INJURY occurred .
Claimant su ffered inj uries and damages as a result of a colli sion between two motor vehicles. Cla imant's vehicle was struck head on by
another vehicle operated by ■■■■■■■■I l■■■■■■■■I and owned b-
The veh icle operated by crossed over into the lanes of oncom ing traffic
and struck Claimant's veh icle. See attached Traffic Collision Report.
Why do you claim the city is responsible?
The City and/or its agents/employees herein are liable to Claimant pursuant to the Californ ia Government Code, including Sections 815,
815.2-815.6 , 820, 830, 835, 835 .2, 840,840.2 and/or 840.4. These Sections provide that a public entity/employee is liab le for injury
caused b y a dangerous condition of its property where the property was in a dangerous condition at the time of the injury/damage, the
injury/damage was proximately caused by the dangerous condition /the dangerous cond ition was a substantia l factor in causing
Claiman t's inju ries and damages , the dangerous cond ition created a reasonably foreseeable risk of the kind of injury which was incurred,
and the public entity created (through its negligent or wro ngfu l conduct an d/or that of a City employee/agen t acting withi n the co u rse and
scope of employment ) or had actual or constructive notice of t he dangerous condition a sufficient time prior to the inj ury to have taken
measures to protect against the dangerous condition . Continued on Attachmen t to Claim for Damages .
De scribe in detail eac h INJURY or DAMAGE .
Claimant su ffered inj uries to ri ght leg /foot/ankle, left shoulder , h ead/face . neck , back and arms/fo rearms. Claimant is still trea tin g for t he
injuries and investigation as to the full nature and ext ent of same is ong oin g . The amo unt of medical bi lls to date is unknow n, othe r than
those ide ntified herein . The amount o f futu re med ical bills is also u nknown at th is time as medical treat ment is ongoing. Claimant has
also su ffe red general damages, including , but not necessari ly li mited to pain , suffering disfigurement, loss of enjoyment, physical
impairment , in conven ience, an x iety and emotional distress as a resu lt of the collision . Claimant's vehicle was damaged as a result of
th e in cid ent (2017 Toyota Tacoma) and is a total loss, with the estima te of property damage to be n o less than $35,000. Clai mant has
paid for storage/tra nsportation needs d ue to damage to his vehicle/loss of use. Loss o f earn in gs, including loss of future earn ings/loss
of ea rn ing capacity are u nknown at this t ime and investigation related to same is ongoin g . See Attach ment and Traffic Coll ision Report.
This C laim Must Be Signed on Page 2
A-2
The amount claimed, as of the date of presentation of this claim , is computed as follows :
Damages incurred to date (exact): Estimated prospective damages as far as known:
Damage to property .................... $ See Attachment Future expenses for medical and hospital care . $ See Attach ment
Expenses for medical and hospital care ... $ See Attachment Future loss of earnings ..................... $ See Allachment
Loss of earnings ...................... $ See Attachment Other prospective special damages .......... $ See Attachment
Special damages for ................... $ See Attachment Prospective general damages ............... $ See Attachment
Total estimate prospective damages ....... $ See Attachment
General damages ...................... $ See Attachment
Total damages incurred to date ........ $ See Attachment
Total amount claimed as of date of presentation of this claim : $ See Attachment
Was damage and/or injury investigated by police? Yes If so, what city? Los Angeles Co unty Sheriff. See Traffic Co ll is ion Report
Were paramedics or ambulance called? Yes If so, name city or ambulance --"'S-"'ee=--'-'A"-'tta"'c"'"h"'m""'e""n.;...t _________ _
If injured, state date, t ime , name and address of doctor of your first visit .31101202 1 -Prov idence San Ped ro Emerge ncy Room
WITNESSES to DAMAGE or INJURY: List all persons and addresses of persons known to have Information:
Name See Attachment Address See Attachment Phone See Attachme nt
Name ______________ Address _________________ Phone ________ _
Name Address Phone ________ _
DOCTORS and HOSPITALS:
Hospital See Attachment
Doctor See Attachment
Address ___ s_e_e_A_t_ta_c_hm_en_t _______ Date Hospital ized _______ _
Address See Attachment Date of Treatment See Attachmen t
Doctor ____________ .Address Date of Treatment ______ _
READ CAREFULLY
For all accident claims place on following diagram names
of streets, including North, East, South, and West; indicate
place of accident by "X" and by showing house numbers
or distances to street corners. If City Vehicle was
involved , designate by letter "A " location of City Vehicle
when you first saw it, and by "B " l ocation of yoursel f or
your vehicle when you first saw City vehicle; loca tion of
City vehicle at t ime of accident by "A-1" and location of
yourself or your vehicle at the time of the accident by
"B-1 " and the point of impact by "X." NOTE: If diagrams
below do not fit the situation, attach hereto a proper
diagram signed by the c laimant
SIDEWALK
CU RBJ
Pa los Ve rdes Or. Ea st See T raffic Collision Report
Signature of Claimant or person filing on
his behaJif-ffivt!ffl"mt::ttionship to Claimant:
PARKWAY
SIDEWAL K
Typed Name: Date:
8 /31 /202 1
UST BE FILED WITH CITY CLERK (Gov. Code Sec. 91 Sa ). Pre s entation of a false cla im is a felony (Pen. Code S ec. 72.)
MENTIS A PUBLIC RECORD AND MAY BE PROVIDED TO A REQUESTOR UPON DEMAND.
A-3
ATT AC HM EN T TO CLAJ M FOR DAMAGES
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3 Claimant: Byron Walker
4 Date oflncident: 03/10/2021
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BASIS FOR LIABILITY OF CJTY/CITY EMPLOYEE OR AGENT (Continued from Claim for
Damages form):
The C ity 's property was in a dangerous condition which contributed to causing the
incident and Claimant's injuries and damages, including but not necessarily lim ited to the
following (because investigation is ongoing): The City, including its employees and agents,
through their acts, failures to act and/or omissions, negligently, carelessly , dangerously,
imprope rly and recklessly owned, leased , rented, occupied, possessed, designed , constructed,
developed, operated, inspected , in stalled, repaired, maintained, modified , managed, controlled,
and/or supervised the subject area of roadway where the incident occurred (including the
roadway areas leading up to th e location of the incident), so as to cause and create multiple
consecutive sharp curves in the roadway on a s teep decline, sight obstructions (i ncluding
trees/bushes/shrubs/other items to block views and sightlines of dri vers), a lack of a ppropriate
warnings/s ignage of s harp turn s ahead (and other related dangers), a lack of appropriate speed
controls and limits/roadway markings/safety measures given the course of the roadway and
nearby traffic controls/warnings/marking/signage. a posted speed limit too high/dange rous for
conditions, including common roadway conditions i n the area, which creates dangerous
conditions on this roadway and constitutes a trap for motorists using the roadway. T here have
been prior co ll is ions in this area caused by these dangerous conditions of which the City and its
employees/agents are aware. Changes in conditions of this area of the roadway and surrounding
areas were or should have bee n known to the City and its employees and agents, which have
made the ar ea dangerous/m o re dangero us and a trap for motorists using the roadway. T he City
has had ample knowledge , time, opportunity and resources to make safe/repair/rernediate/update
this area of roadway.
ATTACHMENT T O CLAIM FOR DAMAGES, PAGE 1
A-4
Investigation is ongoing and Claimant reserves the right to supplement/amend the
2 claims/allegations made herein as necessary.
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DAMAGES :
Investigation is ongoing. As such, the information provided herein is based on the
information available at the time of submission of the Claim. Additional information will likely
be di scovered as investigation continues. Claimant reserves the right to supplement/amend the
dam ages informat ion provided herein as necessary.
Damage to Property: At this time Cla im ant estimates the total loss of value of his
vehicl e (2017 Toyota T acoma) to be approximately $35,000 based upon initial research of the
replacement value of this vehicle prior to the incident. C laimant is claiming damages in excess
of$10,000. When filed, this case will be filed as an unlimited jurisdiction matter. In vestigation
is ongoing.
Expenses for Medical and Hospital Ca re: At thi s time, Claimant has not received all o
the billings related to the treatment received . However, to date, Claimant is aware of the
following incurred charges re lated to medical treatment caused by the s ubject incident:
$43,352.46 -Providence Hospital San Pedro (1300 W . 7th St, San Pedro , CA 90732).
$5,470.01 -Providence Hospital Torrance (4101 Torrance Boulevard , Torrance , CA
90503).
$1,246.00-Southern Californ ia E mergency Medical Group, 4401 W. Memorial Rd.
Suite 121 , Oklahoma City, OK 73134, (800) 749-4560.
Claimant believes that charges have been incurred with regard to all of the past treatment
provided by all health care providers related to this incident, including those identified below an
those of which Claimant is cunently unaware but may be discovered after thi s Claim is
s ubmitted.
Claimant is claiming damages in excess of$ I 0,000 . When filed, this case will be filed as
an unlimited jurisdiction matter.
ATTACHMENT TO CL AIM FOR DAMAGES, PAG E 2
8/3 1/2021
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Loss of Earnings: Claimant reserves the right to claim such damages, depending on the
fu ture course of hi s medical treatment related to t h e incident. C l aimant is claiming damages in
excess of $10,000. When filed, this case will be filed as an unlimited jurisdiction matter .
Replacement Trans portation Costs/Loss of Use/Storage : Due to the fact that
Claimant's vehic le was severely damaged in the incident, Claimant was requ ired to utilize the
serv ices of a transportation service for a reasonable time until a replacement vehicle could be
acquired. T hese costs total $8 17.50 to date. Claimant also has damages for loss of use/storage
fees, which are unknown at this time. Claimant is claiming damages in excess of $10 ,000.
W hen fi led, this case w ill be filed as an u nl imited jurisd ict ion matte r.
General Damages: Unknown at this time, but expected to be substantial given the
severity of the injuries suffered and the nature/force of the collision. Investigation is ongoing.
Claimant is claiming damages in excess of $10,000. When filed , this case will be filed as an
unlimited jurisdiction matter.
Total Amount Claim ed as of Date of Pres entation : See information provided herein
and medical bil ls from identified providers . Claimant is claiming damages in excess of$10,000.
When filed, th is case will be filed as an unlimited jurisdiction matter . Total amount of damages
incurred/to be incurred is unknown at this time. Claimant's medical treatment and investigation
are ongoing.
Future Exp ens es for Medical and Ho spital Care: The exact amount is unknown at thi
time . Claimant is continuing to receive medical treatment for injur ies arising from the incident.
Investigation is ongoing. Claimant is claiming damages in excess of $10 ,000. When filed, this
case will be filed as an unlim ited jur isdiction matter .
Future Loss of Earnings : Claimant may incur loss of earnings and earning capacity in
the future depending on how his course of treatment progresses and the nature and extent of
future medical care that may be required, which is unknown at this time. Claimant is claiming
damages in excess of$ l 0,000. When filed , this case wi II be filed as an un limited jurisdiction
matter.
ATTACHMENT TO CLAIM FOR DAMAGES, PAGE 3
___ , 8/31 /2021
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Prospective Gen eral Damages : Claimant is still suffering general damages from the
2 injuries and the incident, including ongoing medical treatment related to same, and expects to
3 cont inue to suffe r such damages for the foreseeable future. Investigation is ongoing. The
4 amount of future general damages that will be incurred is unknown at this time. Claimant is
5 claiming damages in excess of$10,000. When filed , thi s case will be filed as an unlimited
6 j uri sdicti on matter.
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8 WITN ESSES:
9 Investigation is ongo in g. As such, th e in formation provided herein is based on the
10 information available at the time of s ubmi ss ion of th e C laim. Additional in formation will lik ely
1 1 be disc overed as investigation continues. Claimant reserves the ri ght to s upplemen t/a mend the
12 witness information pro vi ded herein as necessary.
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Claimant Byron Walker (c ontact information prov id ed);
, California
111111;
Cal ifornia
111111 ;
Los Ange les County Sheriff personnel Patrick Duran (#51 1510) and Ju stin Smith
(#514952)-See Traffic Co ll ision Re port.
The doctors, pa ramedics and other healthcare providers that pro vided treatment to
Claimant in relation to the s ubj ect incid ent , including those identified herein and in an y medical
records related to sa id treatm ent.
Unknovvn City employees and agents .
MEDI CA L PROVIDERS:
In vest iga tio n is ongoi ng. As such , th e information provided herein is based on the
in format ion available at the tim e of s ubmi ss ion of the Cla im. Additional information will li ke ly
ATTACHMENT TO C L A I M FOR DAMAGES, PAGE 4
__ , 8/3 1 /202 I
A-7
be di scovered as in vesti gat io n continues. C laimant reserves the right to supplement/amend the
2 medical provider information provided here in as necessary.
3 Am erican Medical Response, 2316 S. Susan S tr eet, Santa Ana, CA 92704, (949)
4 951.6600; Dates of Treatment: March 10 , 202 1 and po ssibl y oth er dates .
5 Westmed dba Mc Cormick Ambulance, 2020 S . Central Ave. Compton CA 90220, (800)
6 456-1649 ; Dates of T reatment: March 10, 2021 and poss ibly other dates .
7 Providence Hospital San P edro, 1300 W. 7th St, San Pedro, CA 90732; Dates of
g Treatment: Marc h I 0 , 2021 and poss ibl y other dates.
9 Pro v id e nc e Hospital Torrance, 4101 To rrance Boulevard, Torra nce, CA 90503; Dates of
1o Treatment: M arch 10 , 2021 and possibl y other dates.
11 Advanced Imagin g of South Bay, 1300 W . 7th St, San Pedro, CA 90732/4101 Torrance
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Boulevard , Torrance, CA 90503 ; Dates of Treatment: March 10 , 2021 and possibly other dates.
Southern California Emergency Med ical Group, 4401 W. Memorial Rd. S uite 121 ,
Oklahoma City, OK 73134, (800) 749-45 60; Dates of Treatment: March I 0, 202 1 a nd possib ly
o th er dates.
Emergency Specialist Physician Medical Associates Inc., 4101 T o rrance B oul evard,
T orrance, CA 90503 (800) 4 77-8909; Oates of Treatment: March 10 , 2021 and possibly other
dates.
Dav id C. Lee, MD , Memoria l Orthopedic Surgical Group, 2760 Atlantic Ave. Lo ng
B each , CA 90806 (562) 245 -8215 ; Dates of Treatment: June 4 , 202 1 and po ss ibly other dates.
Bao Chung, MD , Optum Primary and Specialty Care California /Hea lthcare Partners
Medical Group, 4401 Atlantic Ave., Long Beach, CA 90807; Dates of Treatment: March 13,
202 1, March 23 , 202 1, April 2 1, 2021 and possibly other dates.
United Medical Ima ging of East L os Angeles, 3513 Whinier Bl vd ., Los Angeles , CA
90023 , (323) 859-8000; Dates of Treatment: March 13 , 202 1 and possibly other dates.
ATTACHMENT TO CLAIM FOR DAMAGES, PAGE 5
, 8/31 /202 1
A-8
·DEPARTMelT OF CALIFORNIA HIGHWAY PATROL
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ITEMS MARKED BELOW FOLLOWED BY AN ASTERISK M SHOULD BE EXPLAINED IN THE NARRATIVE.
PRIMARY COLI.JSION FACTOR TRAFFIC COr-rrROL DEVICES 1 2 3 SPECIAL INFORMATION 1 2 3 IIOVEMEHT PRECSXNG I
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8 OTHER IMPROPER DRMNG": C CONTROLS OBSCURED C CELL PHONE HANOSFREE IN USE C RAN OFF ROAD
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8 OUSK -DAIMI 0 MOTOR VEHICLE ON OTHER ROAI:IWAY (MARK 1 TO 2 ITEJ.ISJ
C DARK-STREET LIGHTS E PARKED MOTOR VEHICLE ~~~t) Vt lill~-
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A ORY I FIXED OBJECT: ONO (It/ARK 1 TO 2 /7EJISJ
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C OBSTRUC 10N OH ROAI:INAV-AT INTERSECTION K EFECTIVE YEH. EQUIP; Ct!8) H NOT APPUCA8lE
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A-11
"STATEOF CAUFORNlA
NARRATIVE/SUPPLEMENTAL Page ~ of 7
CHP 556 (Rev. 7-90\ OPI 042
DATE OF INCIDENT/OCCURRENCE TlME (24a)J NCICNLMSER OFFICER 10 NUMBER NUMBER
Seepage #1 See page #1 See page#l See page #1 ~, -~~o~-17'N-lf7 J
·x· oNE ·x· oNE TYPE SUPPLEMENTAL ("X" APPLICABLE)
621 Narrative ~ Collision Report 0 BA Update 0 Fatal D Hit and Run Update
□ Supplemental □ Other: D Hazardous Materials D School Bus D Other:
I. FACTS
A. SCENE
1. ROADWAY DESCRIPTION
PRIMARY ROADWAY: --1(,..&=o=-r-.___&=1>--------------
Roadway direction: 15a' north/south D east/west Number of lanes in each direction: ___ :),.._ __ _
Type or district: D state highway D business -e-residential D N/A
Roadway slope: □ N/A ~Roadway slopes downhill toward the ______ S ___ _
Roadway alignment: D straight W-~urves to the □. left @ right while traveling _ _;S:::;._ __ _
Divider: D 2-way, left tum lane D raised r:nedian □ dbl/dbl yellow lines gr-dbl yellow lines □ NIA
SECONDARY ROADWAY: fAl.OS VJ!1,ot~ t)t,7\lc' ,-: AY-
~ not a factor in this collision and was used for reference only (indicate roadway direction only)
Roadway direction: □ north/south B'.J east/west Number of lanes in each direction: _____ _
Type or district: □ state highway □business D residential ON/A
Roadway slope: D NIA □Roadway slopes downhill toward the _____ _
Roadway alignment D straight □curves to the □left □right while traveling _____ _
Divider: D 2-way, left tum lane D raised median D dbl/dbl yellow lines □ dbl yellow lines D NIA
2. TRAFFIC CONTROLS
Primary roadway: E11no controls in immediate area Dtri-phase signal □tum arrow □stop sign
Secondary roadway: Nno controls in immediate area Otri-phase signal Dtum arrow □stop sign
B. MEASUREMENTS
All measurements are approximate and were taken by: □pacing Drolatape □odometer ~ther: G.~
1. AREA OF IMPACT {AOI}
A0I#1 l14n3 ~eet □miles ~ of the }\) curbline of f v QI. &
and ,;;i . Dfeet □miles w of the £ curbline of uar ({~
AOl#2 □feet □miles of the curbline of
and □feet □miles of the curbline of
AOl#3 □feet □miles of the curbline of
and Dfeet □miles of the curbline of
AOl#4 □feet □miles of the curbline of
and Dfeet □miles of the curbline of
AOl#S □feet □miles of the curbline of
and □feet □miles of the curbline of
PREPARER' S NAME and LO •. NUMBER °"TE REVIEWER'S NAME DATE
Seep~e#l See page #1 See page#l Seepage #1
A-12
S"fATE OF CALIFORNIA
NARRATIVES/SUPPLEMENT AL
CHP 556 Rev.7-90 OPI 042
DATE OF INCIDENT/OCCURRENCE TIME (2400)
03/10/2021 1700
C. PHYSICAL EVIDENCE:
1. SKID MARKS:
NCICNUMBER
1900
Pae i of
OF FICER 1.0 . NUMBER NUMBER
511510 921-00803--1744-471
Approximately 40 feet of locked wheel skid beginning north of AOl#1 and ending at AOl#1.
2. DEBRIS:
Shattered glass, headlight housing pieces, plastic bumper parts and engine fluids from P-1
and P-2 vehicles at AOI#1.
3. OTHER PHYSICAL EVIDENCE:
I took photographs of the scene and the vehicles. I recorded my investigation with my
department issued body worn camera. The photographs and video were uploaqed to the
Department's digital evidence repository at lasd.evidence.com.
11. STATEMENTS
The following statements are a summary of what was told to me and is not verbatim unless indicated
by quotation marks. ·
PARTIES:
P-1 said he was driving southbound on Crest Road in the #1 lane at approximately 40-45 miles per
hour past Lucania· drive. As he rounded the curve in the roadway, he lost traction in his rear tires,
causing him to lose control of his vehicle , cross the double yellow lines on Crest Road and collide
head on with P -2.
P-2 said he was driving northbound on Crest Road in the #2 lane at approximately 35-40 miles per
hour towards Lucan ia Drive. As he rounded the curve in the roadway, he saw P-1 "hot rodding"
southbound on Crest Road. I asked if he knew how approximately how fast P-1 was going. He said
he was unsure , but it was fast. P-1 crossed the double yellow line and collided with the front of his
vehicle.
WITNESSES:
None.
PASSENGERS:
None.
PREPARER'S NAME 1.0. NUMBER DATE REVIEWER'S NAME DATE
Duran , P. 511510 03/11/2021 See page #1 See page #1
A-13
S:'f ATE OF CALIFORNIA
NARRATIVES/SUPPLEMENT AL
CHP 558 (Rev.7-90 01='1 042
DATE OF INCIDENT/OCCURRENCE TI ME (2400)
03/10/20:21 1700
111. OPINIONS Al~D CONCLUSIONS
A. SUMMARY:
NCICNUMSER
1900
Pa b of
OFACER 1.D. NUMBER NUMBER
511510 921-00803-1744-471
P-1 was driving southbound in the #1 lane of Crest Road past Lucania Drive. P-2 was driving
northbound in the #2 lane of Crest Road towards Lucania Drive. P-1 lost control of his vehicle,
crossing tlhe double yellow li nes of Crest Road and collided with the front of P-2's vehicle.
B. INTOXICJ\ TION:
Neither party showed any obvious signs of intoxication.
C. HIT AND RUN:
NIA
D. HAZAR010US MATERIALS:
NIA
E. ADDITIONAL INFORMATION:
Rain showers had periodically been passing through the area on the date of the collision . At
the time oif the collision, the roadway was still wet, though it was not actively raining. Based on
40 feet of locked wheel skid and assuming approximately .57 drag factor for wet asphalt, I
used my department issued nomograph to estimate P-1 's vehicle as losing approximately 25
miles per hour of speed during the skid, prior to the collision . Based on the damage to both
vehicles and the deployment of airbags, I estimated the vehicles to be traveling approximately
20-30 milE~S per hour at the time of the collision. The posted speed limit is 40 miles per hour. P-
1 's speed prior to the skid and the collision had to be at least approximately 45 miles per hour,
which is ttle maximum safe speed under ideal road conditions. Road conditions at tile time
were not i,deal, as evidenced by loss of control of the vehicle resulting in the collision.
Additionally, P-1 's statement that he lost control of his veh icle due to the rear wheels losing
traction prior to the collision did not correspond with the skid marks. Had P-1 lost traction in his
rear wheels while negotiaijng the tum, the vehicle more than likely would have continued to
yaw in the, direction of his tum, which would have been to his righ t in an oversteer. Instead, his
path of tra.vel according to the skid was primarily straight, suggesting excess speed for the wet
asphalt, aind an understeer condition . The skid marks were generally straight and only slightly
offset, su~1gesting the car may have begun to yaw arou nd its own axis only after the brakes
were applied after crossing the center double yellow line. In addition, the damage to P-1's
vehicle was almost exclusive ly f ro nt end damage biased towards the passenger side,
consisten1t with an almost straight course directly into P-2's vehicle, which would have been
angled sliiJhtly relative to P-1 's vehicle. as P-2 was following the curve in the roadway. I PREPARER'$ NAME 1.0.NUMBER DATE REVIEWER'S NAME DATE
Duran , P. 511510 03/11 /2021 See page#1 See page #1
A-14
. SJ ATE OF CALIFORNIA
• .. NARRATIVES/SUPPLEMENTAL
CHP 556 Rev.7-90 OPI 042
DATE OF INCIDENT/OCCURRENCE
03/10/2021
F. CAUSE:
TIME (2400)
1700
NC ICNUMBER
1900
OFACER I.D. NUMBER
511510
Pa 7 of7
NUMBER
921-00803-17 44-4 71
Based on P-1 's statement that he lost traction in his rear wheels while negotiating a tum, the
fact that the roadway was still wet with . rain, and the location of AO1#1 being in the #2 lane of
opposite direction traffic, I determined that P-1 was driving at an unsafe speed for rpad
conditions (violation 22350 VC). I also determined P-1 failed to maintain a direct course
(violation 22107 VC), and crossed the double yellow line (violation 21460(a) VC).
G. ARREST/CITATION:
I issued P-1 a citation by mail for violations 22350 VC , 22107 VC, and 21460(a) VC under
citation number AC224095.
IV. RECOMMENDATIONS
Per traff ic.
PREPARER'S NAME
Duran, P.
l.D.NUMBER
511510
DATE
03/11 /2021
REVIEWER'S NAME
See page #1
DATE
See page #1