CALTRANS SUED FOR PEARBLOSSOM HIGHWAY DEATH STATE CITED FOR IGNORING HAZARDOUS ROAD.

Byline: Karen Maeshiro Staff Writer

PEARBLOSSOM - A wrongful death lawsuit filed by three families in 1995 after a Pearblossom Highway crash killed three and injured eight will begin trial next month in Palmdale.

The families' attorney says the California Department of Transportation had known previously that the ``twin bridges'' section of State Highway 138 east of Pearblossom had an excessive fatality and injury crash rate but did nothing.

``The primary cause of action and really the beef of the case is that the accident occurred on a stretch of State Route 138, which is a long- known dangerous condition,'' attorney William Chapman said.

``It's a dangerously designed road. The accidents have long been known by Caltrans to be far in excess of the expected rate.''

Thirteen adults and children from the three families were in a 1981 Chevrolet pickup truck with a camper shell, returning from Las Vegas on May 15, 1995, when an approaching motorist crossed the double-yellow line and hit them head on.

In the truck were six adults and seven children ranging in age from 18 months to 12 years. The families had gone to Las Vegas to celebrate the First Communion of a cousin.

Four people were in the cab and nine in the back when their Chevy pickup collided with a 1993 Toyota Corolla at 2:20 a.m. in the two-lane, unlighted twin bridges area, a section named for the two bridges over Big Rock Creek.

The area is the only stretch of highway for several miles where drivers have no shoulder to drive onto in case an oncoming vehicle crosses the center line.

Also, a dip in the roadway east of the bridges hides approaching vehicles from eastbound motorists, residents say.

The highway has been marked with no-passing signs for years, but motorists frequently pass anyway.

The last fatal collision there was in November 2000, when a Palmdale woman and a Lancaster man were killed. The woman had tried to pass a truck even though the bridges are now marked with a raised ``rumble strip'' between the lanes.

Caltrans was sued that same year for a fatal 1999 crash in which a Lancaster man died when a truck crossed the double-yellow lines.

Killed in the 1995 crash on Pearblossom Highway were the truck's driver, Hilario Mata Hernandez, 31, of Panorama City;, passenger Norma Flores, 21, of Panorama City; and the other car's driver, 21-year-old Michael Parra of Riverside.

The trial is scheduled to begin Feb. 15 at the Palmdale civil courthouse.

The attorney representing the defendant, the state of California, did not return telephone calls.

Chapman said the primary aspects that make the twin-bridges stretch dangerous is the sudden narrowing of the road shoulders, to the point they no longer exist, and the undulating contour of the roadway that causes lack of visibility.

``Mr. Hernandez was unable to see an approaching driver, and even if he had been able to see him, he had no area of recovery due to the suddenly narrowing shoulders,'' Chapman said. ``Caltrans has known about this particular stretch for more than a decade and ... (did) nothing about it.''

An internal Caltrans report covering the period from October 1986 through September 1989 indicated the actual fatality and injury crash rate was 2 1/2 times the projected rate for similar highways.

In that time period, there were 13 collisions, 12 as a result of motorists passing other cars by driving to the left of the double yellow lines, and one caused by a piece of lumber extended from a truck that hit a car.

Caltrans' internal report noted the centerline was striped in both directions for a distance that exceeded the length required - and that there were ``Do Not Pass'' and ``Narrow Bridge'' signs in place.

The report stated, ``Since the striping and signing in place now exceeds current requirements, it is recommended to do nothing and keep under surveillance.''

A later Caltrans report covering the period from January 1989 through December 1991 said the fatality and injury accident rate was more than six times the expected rate.

The report said there were 10 accidents between May 1989 and October 1991: three caused by excessive speed and drivers ignoring the double solid yellow lines, six because of unsafe passing movement, and one from a vehicle carrying lumber that protruded from the side.

``The accidents were mainly caused by driver negligence and ignoring the solid double yellow lines. It is recommended to continue surveillance,'' the report read.

The 1991 report found there was ``no apparent roadway deficiency.''

CAPTION(S):

2 photos, map

Photo:

(1 -- color) Roadside crosses along the Pearblossom Highway memorialize the death of a Palmdale woman in a crash near the highway's twin bridges in 2000.

(2) The twin-bridges area of Pearblossom Freeway cited in the lawsuit is named for two bridges over Big Rock Creek.

Jeff Goldwater/Staff Photographer

Map:

Fatal Crash

A lawsuit over a fatal 1995 crash focuses on Highway 138's 'twin bridges' area over Big Rock Wash.