Marcos Costa, the trucker charged with murder in the 2009 La Cañada Flintridge big rig crash that claimed the lives of Angel Posca and his daughter Angelina, 12, is suing the city, the county, and the state for California personal injury. Costa is seeking $500,000 for mental trauma, oppression, duress, and stress related to the deadly Los Angeles County truck accident.
In his Los Angeles County personal injury complaint, Costa notes that with seven prior trucking accidents having occurred at the intersection, the defendants either "knew or should have known" that the highway was a high risk accident zone and that appropriate steps should have been taken to remedy situation.The big rig driver says that the state, the county, and the California Department of Transportation created dangerous roadway conditions on the Angeles Crest Highway when it did not put up adequate warning signs, create an emergency truck lane for out-of-control trucks to leave they highway before arriving at the intersection, or take reasonable steps to keep trucks from traveling on the section of the road going to Foothill Boulevard.
Costa has been in police custody for the last two years over the murder charges. He was released from jail earlier this month after posting a $340,000 bond.
The trucker lost control of his car hauler will attempting to turn at the intersection of Highway 2 and Foothill Boulevard. The double-decker trailer, which was transporting motor vehicles, struck several vehicles, a bookstore, and a nail salon. In addition to the Angel and Angelina, 12 people suffered injuries.
The Posca family has filed their Los Angeles County wrongful death lawsuit against Costa, the county, the city of La Cañada, Caltrans, and the state of California.
Contrary to popular belief, big rig truckers do get injured in Los Angeles truck accidents and they aren't at fault in every accident. Sometimes, it is the other driver who was responsible or the city, county, and/or state were the ones that failed to make a road or intersection safe for use. The manufacturer of a large truck or the makers of defective truck parts can be sued for California products liability if a truck defect or malfunction caused the catastrophic collision.
Driver in fatal crash files civil suit, LaCanadaOnline, March 23, 2011
Two Families, Two Kinds of Torment, La CanadaFlintridgePatch, January 25, 2011
Los Angeles County Truck Accident Kills Father and Daughter and Injures 12 Others, California Injury Lawyers, April 2, 2011
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