There Oughtn’t Be a Law Against Caltrans Liability

When the city digs a 10-foot-deep hole in the sidewalk, they put up a sign to alert you. One reason is that they’re just plain nice folks; they don’t want you tumbling into an open trench.

The other reason is they don’t want you suing their pants off.

Same thing when the extermination people come to rid your place of termites. On the off-chance you don’t notice the giant tent enveloping your home, the company posts written notices that dangerous pesticides are on the premises.

It’s all about accountability. In a world where accidents can happen, society came up with the notion of liability to sort out who, if anyone, is responsible when they do.

So, let’s set up this scenario: Caltrans tells a truck driver with a 15-foot-high load he can safely navigate all the overpasses on the Riverside Freeway.

But the agency is wrong. The trucker is low-bridged, knocking his heavy cargo off the truck. Unfortunately, it falls backward and kills the unsuspecting driver of a following car.

This hardly qualifies as an act of God.

It sounds more like negligence. It sounds exactly like liability.

Obviously, no one thinks the Caltrans employee who gave the green light to the trucker erred on purpose. The employee shouldn’t be held personally liable, regardless of how negligent he or she was.

But the agency must be held accountable.

How can it not be?

Why can you take Caltrans to court for proposing a freeway through your property (good luck) but not for fatal accidents?

Shows you how dumb I am. A host of experts last week said that it may be near-impossible to hit Caltrans for liability in the fatal accident, which occurred July 16 when a trucker tried to clear the overpass on the Riverside Freeway at La Palma Avenue but couldn’t. His 3 1/2-ton cargo fell off and killed a 36-year-old Westminster man in a car behind him.

Experts say Caltrans, like other public agencies across the country, often have strong legal immunities from such suits. The idea behind such protections is to protect agencies, which rely on public money, from frivolous lawsuits or excessive monetary judgments.

Fair enough, when accidents happen like the one a few years ago in which an overhead freeway sign toppled during a windstorm and killed a truck driver. That was truly an act of God and one man’s misfortune.

That is not the same as someone telling a trucker he can pass safely under an overpass, when he can’t. Society can’t in good conscience tell the family of the dead man that, in effect, “accidents happen.”

In two weeks, state Sen. Joe Dunn of Santa Ana and his Transportation Committee will ask Caltrans to explain how such things happen. Dunn and committee co-chairwoman Betty Karnette of Long Beach have written to Caltrans and asked for answers to a series of questions, according to Ronda Paschal, one of Dunn’s legislative aides.

The committee is scheduled to meet Aug. 17 and would like Caltrans’ answers by then, Paschal said. Dunn, who was on vacation and not available Tuesday, said last week he sees no reason why public agencies should not be held to the same standards as private companies.

Believe it or not, the permit Caltrans issued the trucker in the fatal overpass incident stipulates that the trucking company is accountable for the accuracy of any information provided by the agency.

As if the trucker should have taken out a tape measure to verify Caltrans’ go-ahead to him.

In our sue-happy society, it’s easy to imagine the breadth of lawsuits our fellow citizens could dream up. But in a case like this, where’s the gray area?

Sadly, no gray exists.

As a taxpayer, I have a vested interest in state agencies not being sued frivolously. As a citizen of the state, I have a much greater vested interest in me or friends driving on freeways without being KOd by flying cargo. And I also want my government to do the only conscionable thing it can do.

The fatal accident last month was the third crash this summer in which Caltrans misdirected a trucker, the agency conceded. While it was the only one that involved a fatality, Paschal said Tuesday, “The fact that there were three incidents since June certainly raises the question if there’s something more they can be doing to address this problem.”

That is the understatement of the year.

When Caltrans wrongs a property owner, it pays.

When it takes a life, it shouldn’t?

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Dana Parsons’ column appears Wednesday, Friday and Sunday. Readers may reach Parsons by calling (714) 966-7821 or by writing to him at the Times Orange County Edition, 1375 Sunflower Ave., Costa Mesa, CA 92626, or by e-mail to dana.parsons@latimes.com.