Hollister
– A Chicago truck driver seriously injured during a head-on
collision with another big-rig on Highway 156 last year filed suit
against San Benito County and the State of California this week
alleging that the two public entities failed to warn drivers of or
fix a
”
dangerous condition
”
on the thoroughfare.
Hollister – A Chicago truck driver seriously injured during a head-on collision with another big-rig on Highway 156 last year filed suit against San Benito County and the State of California this week alleging that the two public entities failed to warn drivers of or fix a “dangerous condition” on the thoroughfare.
Waldemar Chochorowski also named a Hollister truck driver and a California trucking company as defendants in the lawsuit, filed July 17 in San Benito County Superior Court.
In July of 2005, Chochorowski collided with Leonard Zapien, a 32-year-old truck driver, at the intersection of Highway 156 and San Felipe Road. Both men were seriously injured. Zapien was trapped inside the cab of his big-rig for at least an hour. Chochorowski was ejected from his truck and pinned under a fallen traffic signal, according to witnesses. Witnesses told investigators from the California Highway Patrol that both drivers had green lights.
Caltrans officials previously told the Free Lance that even in the case of a traffic signal malfunction, it would be impossible for both lights to be green.
Hollister-Gilroy CHP spokesman Chris Armstrong said investigators had initially looked into a signal malfunction as the possible cause of the accident, but said he did not know if that was the only factor in the collision.
Chochorowski’s lawsuit alleges that San Benito County and the State of California failed to “provide proper sequence, timing, and synchronization of signals” among other things. Those alleged failures, Chochorowski claims in the suit, resulted in the accident and his injuries. The suit asks for an unspecified amount in damages of more than $25,000.
Chochorowski also alleges that Zapien and the company that employed him, Dominguez Brothers Trucking, were negligent. Zapien, the suit alleges, was negligent in his driving and the company was negligent for hiring him, according to court documents. Both the driver and the trucking company have denied previous claims of negligence, according to court documents.
Chochorowski’s attorney, Terence Edwards, could not be reached for comment. The suit was filed after both San Benito County and the State of California denied Chochorowski’s claim for an unspecified amount of damages.
San Benito County Supervisor Anthony Botelho said he didn’t think the county, which owns San Felipe Road, would be found liable.
“I don’t think there is a problem with the road just because there was an accident,” he said. “People are careless and like to blame others.”
District 5 Public Information Officer Susana Cruz said Caltrans owns Highway 156. She said the intersection of Highway 156 and San Felipe Road is not part of any planned safety improvements in San Benito County. She did not know if accidents were common at the intersection.
Brett Rowland covers public safety for the Free Lance. He can be reached at 831-637-5566 ext. 330 or [email protected].
