The parents of four Pepperdine University students who were struck and killed on Pacific Coast Highway in Malibu last year, as well as the family of a fifth student who was injured, have filed lawsuits against the state of California, Caltrans, the California Coastal Commission, Los Angeles County and the city of Malibu.
According to a City News Service report, the separately filed lawsuits state that all of these governmental entities share liability for the allegedly dangerous roadway design on that portion of PCH and for not implementing life-saving measures.
Dangerous Roadway Conditions
Pepperdine sorority sisters Niamh Rolston, Peyton Stewart, Asha Weir and Deslyn Williams were walking to an event on Oct. 17 when they were struck and killed on the northbound shoulder of a section of PCH known as “Dead Man’s Curve,” which is a short stretch between Las Flores Canyon and Carbon Canyon Roads.
That stretch of PCH has seen the highest number of auto accidents on the overall 21-mile coastal road, plaintiffs’ attorneys said.
The four women were killed when a driver lost control of his vehicle on the curve and traveled to the northbound shoulder, where he first collided with a car that was legally parked and then struck the four women as well as a fifth student who was injured but survived.
The lawsuits allege there were no safety safeguards for pedestrians, even though the defendants have known about these hazards for decades. A sheriff’s captain reported that between 2013 and 2023, there were 53 deaths and 92 serious injuries in the area, CNS states.
Actor Rob Lowe, a Malibu resident, tweeted after a June 2015 crash that killed rapper MC Supreme, calling the singer’s death “sad and unacceptable,” the lawsuit says.
According to a joint statement issued by the plaintiffs’ attorneys, the goal of the lawsuits is to force the governmental entities to “do what they should have done a long time ago so no more lives are needlessly taken.”
What Constitutes a Dangerous Roadway?
A dangerous roadway is typically defined by several factors that increase the risk of accidents, injuries, or fatalities. Poor road design is one key factor—sharp curves, inadequate signage, or blind spots can make a road more perilous.
Roadways lacking proper safety features, such as guardrails, lane markings, or adequate lighting, also contribute to danger, especially in high-traffic or high-speed areas.
Another factor is roadway conditions. Potholes, uneven pavement, and debris can lead to loss of control, especially for motorcycles and bicycles. Environmental conditions like rain, fog, or ice can exacerbate these risks with poor drainage or insufficient lighting.
Traffic congestion and high-speed limits, particularly on roads with frequent intersections, can lead to more collisions. Roads that experience frequent pedestrian traffic without appropriate crosswalks or signals are also considered hazardous.
Additionally, areas prone to reckless driving behaviors, such as speeding, tailgating, or impaired driving, become dangerous. Roadways near bars or entertainment districts often see more incidents due to drunk driving.
Ultimately, a dangerous roadway is one where the risk of accidents is elevated due to design flaws, maintenance issues, environmental factors, and unsafe driving conditions.
Who Can Be Held Liable for Dangerous Roadways?
Depending on the circumstances, liability for dangerous roadway conditions and design often falls on a combination of government entities, contractors, or even private parties.
Generally, local, state, or federal government agencies are responsible for maintaining public roads, ensuring they are safe for drivers, pedestrians, and cyclists.
If a road is poorly designed or not adequately maintained, leading to accidents, the government entity in charge may be held liable. However, proving this can be complex.
Government agencies are responsible for road planning, design, and maintenance. For instance, if a road is designed with sharp, blind turns and no warning signs or guardrails, and these design flaws result in an accident, the agency may be held accountable.
Similarly, failure to fix potholes, cracks, or poor drainage systems, which lead to hazardous conditions, can also expose governments to liability. However, these entities often enjoy “sovereign immunity,” which can limit their liability, though many jurisdictions allow lawsuits under certain conditions, especially if negligence is proven.
In some cases, private contractors may share liability as well. Often, government agencies contract road construction or maintenance work to private companies. If poor workmanship or failure to adhere to safety standards causes accidents, those contractors could be held responsible.
In some cases, private property owners can be held liable if a dangerous condition on their property affects public roadways. For example, the property owner might face legal responsibility if trees, structures, or other hazards from private land create dangerous conditions on nearby roads.
Proving liability usually requires showing that the responsible party knew or should have known about the dangerous condition and failed to take appropriate action. This often involves detailed investigations into the roadway’s design, construction, and maintenance history to establish negligence.
Suing a Governmental Agency in California
The California Government Claims Act governs a specific legal procedure when suing a government organization in California.
Before filing a lawsuit, claimants must first submit an administrative claim directly to the government agency responsible for the alleged harm. This claim must be filed within six months from the date of injury for personal injury.
The claim should include details about the incident, the damages you seek, and why you believe the government is liable.
Once submitted, the agency has 45 days to respond. If they reject the claim, you are eligible to file a lawsuit in court. If they fail to respond within that time frame, it is considered a rejection.
After receiving the rejection notice (or if no response is provided within the 45 days), you have six months (180 days) to file a lawsuit in court. An experienced California personal injury lawyer who has handled similar cases against governmental agencies will be able to guide victims and their families through this complex process.
Source: https://abc7.com/post/parents-pepperdine-women-killed-pch-sue-state-other-entities/15319984/
