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San Diego County Blamed for Car Accidents That Flipped Vehicles Into Pool

San Diego County in California is facing a lawsuit for a faulty road design in Escondido that is causing car accidents. The stretch of road around Calavo Drive in West Escondido makes drivers speed around a bend because of its steep roller-coaster slopes, and many have lost control around the curve. A residential swimming pool located right at the point makes things worse.

Ashley Garcia was in a car with a male friend who was driving, when the car spun out of control on the bend, went through a fence and flipped around in the air, ending up upside down in the swimming pool.
The driver managed to escape from the underwater vehicle, but Garcia got entangled in the seat belt and could not extricate herself. A neighbor in the next house jumped into the pool to get her out and gave her CPR, but Garcia never regained consciousness after that. She was removed from life support after a few days, and died.

The California Highway Patrol says that the car was speeding, and that was the main cause of the accident. Garcia’s family claims otherwise, and has filed an administrative claim against San Diego County. Legal research done on the case showed that there were 10 crashes there in the past eight years, including the owner of the home with the pool.
The homeowner ended up disabled from the accident and in a wheelchair. He filed a claim against the County, which was dismissed because the county claimed it did not know about the danger to drivers at the site in question.

That same defense will not work again, since the county already knew about the road design was flawed before Ashley Garcia’s death, and yet did not do anything to correct it. If the county does not respond to the claim in 45 days or rejects it, the family can file a civil lawsuit.

Did you know?
Before suing a government agency for car accidents, you must file a “Notice to Claim.”
The Notice to Claim intimates the government that you are planning to file a lawsuit, and allows it time to comply or reject the claim. This notice has to be filed within a specific period (30 to 60 days, depending on the state) after the incident in question.