California Construction Injury Lawyers

CA/FACE Investigator Traveled To San Diego And Interviewed The Department Of Transportation Employees Construction Accident

A 27 year-old general laborer died when a speeding vehicle struck him as he picked up traffic cones at a construction site on an interstate highway. The speed limit on this interstate highway was 70 mph. The victim was in a man-bucket attached to the rear of a staked flatbed traffic control truck. This truck was traveling in reverse in the number three lane of a four-lane highway as the victim was picking up the cones between the numbers three and four lanes and placing them on the bed of the truck. A speeding vehicle knocked down over 300 feet of traffic cones before colliding with the rear of the traffic control truck, which was equipped with flashing lights and an arrow board. There was no traffic truck with an impact attenuator between the speeding vehicle and the traffic control truck to prevent the collision. Visibility at the time of the incident was limited due to the darkness at 3:45 a.m. The traffic control plan did not require reduction of the speed limit. Therefore, traffic continued to travel at the same limit despite the fact that three of the four lanes were closed for construction. There were no law enforcement vehicles assigned to the construction site at the time of this incident.

The CA/FACE investigator determined that, in order to prevent future occurrences, employers should, as part of their Injury and Illness Prevention Program (IIPP), develop procedures with the State’s Department of Transportation that will: Reduce the speed limit in construction work zones on interstate highways with high speed and high volume. Require the availability of traffic trucks with impact attenuators for construction work zones on interstate highways with high speed and high volume. Ensure Highway Patrol presence when putting down and picking up traffic cones in close proximity to speeding traffic on interstate highways with high speed and high volume.

Ensure artificial lighting is used to improve visibility of work crews to passing traffic for night construction work zones on interstate highways with high speed and high volume. 

On April 21, 2000 at 3:45 a.m., a 27-year-old male general laborer died from injuries received when a speeding vehicle intruded into the highway work zone where he was working. The vehicle struck the rear of the truck in which he was working, ejecting him onto the interstate highway. The CA/FACE investigator learned of this incident through the State of California’s Department of Industrial Relations, Division of Occupational Safety and Health’s Legal Unit on May 2, 2000. On May 15, 2000, the CA/FACE investigator traveled to San Diego and interviewed the Department of Transportation employees involved. The victim’s employer was interviewed on April 23, 2000. The California Highway Patrol incident report was also obtained. The employer of the victim was a highway construction company that had been in business for three years and at the job site for six months as a sub-contractor to the State’s Department of Transportation. The company had approximately 30 employees, six of which were at the site at the time of the incident. The victim had been with this company for only one month, and worked exclusively at this jobsite. The company stated it had a written safety program and a designated safety manager who also performed other duties. A copy of their safety program was not made available. The victim did not receive any specific job hazard training. The company stated they held scheduled monthly safety meetings on the jobsite, but these meetings were not documented.

The site of the incident was a major interstate highway. The work zone was approximately six miles long consisting of the numbers one, two, and three lanes closed to traffic by means of orange cones with retro-reflective sleeves, barricades with illuminated beacons and signboards. The victim’s employer was under contract with the State’s Department of Transportation to grind the surface of the interstate highway, removing approximately ¼ inch of the road surface and replacing the raised reflective markers that separate the interstate lanes. They were working at night to minimize traffic disruption and avoid heavy traffic. The victim’s shift started at 8:00 p.m. and lasted till 6:00 a.m.

When it came time to pick up the cones, the victim and two coworkers used a one-ton flatbed traffic control truck. The truck was equipped with flashing lights, an arrow board, and a man-basket attached to the rear of the bed. The victim and coworkers were all wearing orange vests with retro-reflective markings. One co-worker backed up the truck at approximately two to three miles per hour parallel to the traffic cones in the number three lane. The victim and other co- worker alternated jobs. One would stand in the man-basket and pick up cones while the other shoveled up the old reflective markers. At approximately 3:48 a.m., they had just completed picking up 2.8 miles of the 6-mile closure. The victim and co-worker switched places and the victim began to pick up the cones. The driver of the truck started backing when he noticed headlights coming at him in his left rear view mirror. When the driver looked in the right rear view mirror and did not see the headlights, he stopped the truck, honked his horn, and yelled the victim’s name as loud as he could.

The co-worker was approximately six feet away from the truck when he heard what he first thought were gunshots. He turned to see what was going on and realized what he was hearing were cones being knocked over by the speeding vehicle heading directly at the traffic control truck. The co-worker stated that the traffic control truck “just disappeared upon impact”. The co-worker ran over to the victim and realized he was dead. He then ran to the traffic control truck looking for the driver. He found the driver on the ground next to his truck trying to call 911 on his cellular phone. According to witnesses, the vehicle that struck the rear of the traffic control truck was traveling at speeds in excess of 70 mph, swerving erratically and hitting traffic cones for more than two miles before the impact took place The Highway Patrol responded within minutes. They collected physical evidence, took witness statements, and arrested the driver of the vehicle who caused the accident. The victim’s body was taken to the coroner’s office upon completion of the investigation.

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