Caltrans Ordered to Pay $3.5 Million in Fatal Crash

A jury on Wednesday ordered Caltrans to pay $3.5 million in damages to the family of a motorist who died in a fiery collision, finding that the agency failed to provide adequate signs and lighting along a freeway construction zone in Fullerton .

The suit stems from a 1999 accident that killed Glendale resident Sarkis Kostanian, 34, who was driving home from his job when his car was crushed underneath a gasoline tanker truck that had burst into flames. The truck driver also died in the wreck after escaping from his rig while engulfed in flames.

The crash closed the busy Santa Ana-Riverside freeway interchange for nearly a day and later prompted Caltrans to install larger speed-limit signs and post an additional warning for motorists approaching the busy freeway connector.

Kostanian’s relatives alleged that Caltrans was largely responsible for the accident because it failed to properly light and mark the construction project, which was part of a $1-billion overhaul of the Santa Ana Freeway. The family’s lawyer argued that among other problems, drivers had too little time to slow down from the normal highway speed of 55 mph to 25 mph, the speed necessary to safely navigate the twisting interchange. Lawyer Frank Pitre also claimed that one of Caltrans’ construction warning signals was burned out at the time of the crash and that the agency skimped on placement of warning signs.

The lawsuit listed Caltrans as among four defendants. The Orange County Superior Court jury found Caltrans was most at fault but also ordered the construction contractor, as well as the trucking firm, to pay additional damages of $3.5 million, making the total verdict roughly $7 million.

Caltrans attorney Erick Solares said that he was shocked by the verdict and that the agency did nothing wrong at the construction site. He placed most of the blame on the gasoline truck driver, who lost control of the 5,000-gallon tanker. The truck then overturned, slid across four lanes and pinned Kostanian’s Ford Crown Victoria against a concrete barrier.

“Had [he] been paying attention, he would have been able to negotiate that turn,” Solares said. “I thought the driver was going to be found more liable. So many cars went through that area without an accident.”

Anait Zakoyan, Sarkis Kostanian’s 27-year-old widow, wiped tears from her eyes as the verdict was read.

“I wish I was never here in the courtroom. I wish my husband was here next to me,” Zakoyan said. “I don’t want this mistake to ever happen again to anyone else.”

The couple’s 5-year-old daughter, Amy, also was a plaintiff in the suit, along with her mother.

Jurors said that the case taught them how important roadway signs are and that Caltrans should have done a better job of guiding motorists through the interchange.

“You drive down the freeway every day and never even realize all the signs that are up,” said juror Gina Fisher of Fountain Valley. “They’re critical, though.”

The jury found that Caltrans was 53% responsible for the crash and the construction contractor was 10% responsible. The truck driver and trucking firm were 37% responsible, the panel concluded.

Records from the California Highway Patrol and Caltrans showed that the interchange had a surge in accidents during the three-year construction project--many involving trucks.