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Posted: Wednesday, November 12, 2008 10:00 pm

If "rumble strips" had been installed in the center of Highway 12, might they have kept Alicia Schmid from a lifetime of pain and medical problems?


Alicia Schmid

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46 comments:

  • posted at 1:44 pm on Tue, Nov 18, 2008.

    Posts:

    She is suing Caltrans because they obviously have more money then the person responsible for the wreck (the person that hit here) its not caltrans' fault little girl. Everything is about money.

     
  • posted at 1:07 pm on Sun, Nov 16, 2008.

    Posts:

    mainframe, me too. I hate driving Highway 12.

     
  • posted at 9:59 am on Sun, Nov 16, 2008.

    Posts:

    i avoid 12 all the time. i'll take the long way just to get there alive. taking a long way around is better than getting killed.

     
  • posted at 1:59 am on Sat, Nov 15, 2008.

    Posts:

    I have known Alicia since she was a small child. She wasn't after a windfall of money. She has incurred huge medical bills and will have many, many more in the future. Where is that money supposed to come from? I realize the road didn't cause the accident but with the track record of being one of the "bloodiest highways" in California, something needs to be done.

     
  • posted at 6:50 pm on Thu, Nov 13, 2008.

    Posts:

    Fix the damned highway already.

     
  • posted at 1:33 pm on Thu, Nov 13, 2008.

    Posts:

    Some of these comments are ridiculous. The main problem is not with Cal Trans and the lack of a center divide or yellow cones, it's the idiot drivers who think they can save time by passing a car or two. I always pull up next to them at the Hwy 160 stop light.So, to protect us from said idiot drivers, and those who "honestly" fall asleep, Cal Trans needs to do something. They need to put up the cement center divides. Simply too many crashes over too many years. It is unacceptable.

     
  • posted at 11:43 am on Thu, Nov 13, 2008.

    Posts:

    It is very possable that if the young girl that was hurt on Hwy. 12 just asked for money to cover her medical expensives and lawyer fees, the jury might have gone alone with her. But leave it to a lawyer to screw everything up, got totally gready, and as it is she ends up with nothing. Between her and the other driver`s insurance, hope they can come up with enough to cover her medical expensives.

     
  • posted at 10:53 am on Thu, Nov 13, 2008.

    Posts:

    Well...next time YOU send YOUR loved ones out on SR12...think about your comments like "its the drivers...not the road". Geeze, Duh. We ALL know that!But when YOUR loved ones are turned into TOMATO PASTE by a head-on collision caused by some fool texting or nodding off...you may just change your tune and start lobbying for a guardrail...as was installed on SR37- a FORMER "Blood Alley" that is now as safe as any divided freeway. Think about THAT, eh??

     
  • posted at 8:33 am on Thu, Nov 13, 2008.

    Posts:

    It is not Highway 12 that is a danger, its the people driving on it. People drive like crazy on this highway. Even if there was a rumble strip at the time of this accident there is no guarantee that the person driving would have been awakened, or not awakened in time to avoid this accident. It is again a persons fault, not the highways fault.If this does end up going in her favor california, and the taxpayers, better get ready as every accident will be blamed on not having a rumble strip median.

     
  • posted at 6:36 am on Thu, Nov 13, 2008.

    Posts:

    bigbetha can't debate an issue with you as you must be narrow minded. No pun intended.

     
  • posted at 6:25 am on Thu, Nov 13, 2008.

    Posts:

    My guess is that czm and Big Bertha are either part of the legal team representing Ms. Schmid or are part of the family and stand to gain from a 7 figure settlement.

     
  • posted at 6:16 am on Thu, Nov 13, 2008.

    Posts:

    To Bry: You seem to be a behavior expert, ever dealt with an autistic child? Have one in the family at least?

     
  • posted at 6:11 am on Thu, Nov 13, 2008.

    Posts:

    Obviously a few folks posting here don't spend much time on Hwy 12 or are not paying attention to the population dynamics in the state over the last 20 years so, "HELLO PEOPLE...WAKE UP!...IT's TIME TO DIVIDE THE ROAD SO INNOCENT TAX AND INSURACE PAYING PEOPLE DON'T CONTINUE TO DIE DUE TO THE RAPID INCREASE OF MORONS ON HWY 12...."

     
  • posted at 5:57 am on Thu, Nov 13, 2008.

    Posts:

    ALSO, I'D LIKE TO QUOTE BIG BERTHA"HW 12 aka blood alley has one of the highest rates of fatality in the entire nation.""since 1996 the state has known about how dangerous the road is yet did NOTHING to fix it. that constitutes negligence."Not only did they know about it, They've had money set aside since 96 for this particular purpose and did ABSOLUTELY NOTHING to prevent it from happening.

     
  • posted at 5:55 am on Thu, Nov 13, 2008.

    Posts:

    jay dubbHave you heard of DMV. In order to get behind the wheel of any vehicle you must have a valid drivers license. The STATE issues those drivers licenses based on tests that prove or disprove your ability to safely operate a vehicle according to California laws and regulations. By issuing a license to a person they are insuring that that person is able to safely operate a vehicle on our roads. Also, I'd appreciate not being misquoted, "Blatently Negligent" for not "controlling who IS and IS NOT on our roads". is not what I said. "A law suit against the state for blatant negligence of highway 12 repairs is not what is causing the state bankruptcy." THIS WAS ONE SENTENCE!WHO DO YOU THINK IS RESPONSIBLE FOR CONTROLLING WHO IS AND ISN'T DRIVING ON OUR ROADS? this was a whole other sentence.

     
  • posted at 5:50 am on Thu, Nov 13, 2008.

    Posts:

    Well if we wanna make every road in California Idiot proof so nobody ever dies, Schwartzy is gonna have to up that sales tax increase plan up to about 20-25 cents on the dollar. That`ll fix the economy! All we have to do is close our eyes, click our heals three times and repeat, "the roads are all safe now, the roads are all safe now..."

     
  • posted at 5:42 am on Thu, Nov 13, 2008.

    Posts:

    reality1 wrote on Nov 13, 2008 11:35 AM:" bigbertha you need to round out or maybe you have already have as your user name implies "good argument man, way to represent your view point... lol it's obvious you can't debate this issue if you must resort to such childish statements...

     
  • posted at 5:35 am on Thu, Nov 13, 2008.

    Posts:

    bigbertha you need to round out or maybe you have already have as your user name implies

     
  • posted at 5:33 am on Thu, Nov 13, 2008.

    Posts:

    So if someone gets in an accident on Lodi Ave can THEY sue the state/CalTrans? Or if someone hits the stupid cememt planter all the way down Kettleman and their car flips or hits someone else, can you sue the state for that too?

     
  • posted at 5:25 am on Thu, Nov 13, 2008.

    Posts:

    "No sense in beating a dead horse."The horse is dead? Let's sue the stable!

     
  • posted at 5:20 am on Thu, Nov 13, 2008.

    Posts:

    Hey Lady, be accountable. We all know how dangerous 12 is, it is not the states fault that you were hit. I dont think the state made you drive 12 did it? I take 12 as a short cut sometimes, I hate it, but it does save time, I know what the risks are. I think I am going to file a lawsuit against lodi for how many stop lights they have........ So friggin stupid ***** SUCH AN INTELLIGENT ARGUMENT*****"HEY EVEN THOUGH HW 12 IS THE **ONLY** ROAD TO GET TO YOUR FRIENDS/FAMILY'S HOUSE, EITHER DON'T GO BECAUSE IT COULD KILL YOU, OR TRAVEL AT YOUR OWN PERIL AND PLAY RUSSIAN ROULETTE WITH YOUR LIFE...the moral of the story is...WE PAY TAXES SO WE DON'T HAVE TO WORRY ABOUT DYING ON OUR ROADS!!!!!wake up people!!!!!!!!

     
  • posted at 5:17 am on Thu, Nov 13, 2008.

    Posts:

    so let's see, HW 12 aka blood alley has one of the highest rates of fatality in the entire nation, has racked up dozens of fatalities and injuries "In 2007 there have been seven deaths on Highway 12 between Interstates 80 and the Lodi city limits." so, since 1996 the state has known about how dangerous the road is yet did NOTHING to fix it. that constitutes negligence.if you want to argue tax dollars, where are our tax dollars going if not to fix and make our roads SAFER?? i don't pay taxes to have the state spend it on unnecessary junk while ignoring our roads (ie safety)funny how after this lawsuit was filed, the state decides to start paying attention and upgrading hw 12!!! THAT MEANS THE STATE IS ADMITTING HW 12 IS DANGEROUS AND IN DISREPAIR!!!i hope she wins!

     
  • posted at 4:51 am on Thu, Nov 13, 2008.

    Posts:

    "It is impossible to make people understand their ignorance; for it requires knowledge to perceive it and therefore he that can perceive it hath it not." Jeremy Taylor (1613 - 1667)I refuse to argue any further. No sense in beating a dead horse.

     
  • posted at 4:48 am on Thu, Nov 13, 2008.

    Posts:

    Where is the accountability? People expect taxpayer dollars to pay for everything nowadays. We even have padded play grounds because there is no personal accountability. Then we have excuses for bad conduct, justified by so called mental disorders, ie ADD, ADHD, Autism etc. There is no longer accountability in this country. When someone jusifys their children's bad behavior by claiming they have ADD, Autism or ADHD etc. You should realize that the child doesn't have ADD, ADHD or Autism, the parent has LAS. So many parents ask me, "What is this LAS which you claim that I have?" I always explain that LAS is 'Lazy Ass Syndrome'. Oh, they hate that because that makes them responsible for their childs bad behavior. We all need a reality check!

     
  • posted at 4:34 am on Thu, Nov 13, 2008.

    Posts:

    czmtnw please stop your killing us.In my personal opinion Cal trans should not be sued. Between Lodi and Terminous the road is not really bad. Beyond that you have ground which settles all the time making a bumpy ride. Drivers are the main danger and way too many on weekends, during commutes and holidays. However a driver that falls asleep? That could happen on any road. Bad luck. So sue the driver and their insurance company. Yes the state has more money and things like this are what is destroying our state and country. Take the 100 to 500 k from insurance and live with it. She is lucky to be alive.

     
  • posted at 4:29 am on Thu, Nov 13, 2008.

    Posts:

    Taking a look at most of Caifornia`s roads, most are 2 lane. With the exception of Hwy`s 99 and I-5. To single out Hwy. 12 is unfair, looking at Hwy. 88 that starts in Stockon and goes through Jackson,to the Navada St. line. Hwy`s 49, is the main source of transportion to San Andreas and Angles Camp, all 2 lane and equally as dangerous with nothing to protect the drivers such as rumble strips. While I agree the young woman should be compinsated for her injuries, her lawyers would naturally go after the state since the other person involved most likely could never payout that kind of money, then again with $12 million dollars, considering her lawyer will receive 40%, not bad for a couple of weeks or months worth of work.

     
  • posted at 4:24 am on Thu, Nov 13, 2008.

    Posts:

    The state makes no money. The money which Alicia is suing the state for comes from hard working citizens. In essence, she is suing the working class people. Secondly, where is the accountability? Sue the insurance Company of the driver who fell asleep at the wheel. Or was that already done and that is not enough money for her? Sue the negligent government employees on a personal level who are responsible for the safety of our roads, not the people who work hard and who have already paid these incompetant government employees who waste our money.Finally, many people have been injured and sadly died on Hwy 12. If you win the law suit, are you going to split the money with all the others who have seriously been injured on Hwy 12 or just keep it for yourself at the expense of hard working citizens. You should just thank God you're alive rather than greedily working to gain an excuse for robbing the hard working people who have nothing to do with your situation.

     
  • posted at 3:51 am on Thu, Nov 13, 2008.

    Posts:

    If the plaintiff were not able to prove beyond a reasonable doubt that rumble strips would have surely awoke the oncoming driver, I, as a juror, would have to rule against her case. Our world cannot be idiot/accident proofed. It was nothing more than a horrible accident. I'm sorry for her injuries, but the oncoming driver, not the roads and taxpayers, was at fault.

     
  • posted at 3:46 am on Thu, Nov 13, 2008.

    Posts:

    Poor Highway 12 is an inanimate object.Drivers cause accidents.'Nuff said.

     
  • posted at 3:36 am on Thu, Nov 13, 2008.

    Posts:

    Highway 12 needs attention. That is a fact...BUT...a barrier down the middle is NOT the best answer. Unfortunately, a barrier will not prevent ALL accidents, and when the accident happens, and the lane is blocked, and the emergency vehicles and EMT's cannot reach the wrecked vehicles because it is Memorial Day Weekend and the cars are backed up for 2 miles with little or no shoulder space, it will once again be Cal Trans fault because someone has severe injuries on a dangerous stretch of highway. Once again the injured parties will be in court claiming negligence. I agree that she was not at fault but she needs to be in court with the other drivers insurance company. Not the State of California.

     
  • posted at 3:30 am on Thu, Nov 13, 2008.

    Posts:

    czm, typical "the state should take care of my every need" type mentality your showing with this type of thought, it is no wonder the State is bankrupt! You are part of the problem, just throw money at every problem and call it "fixed".

     
  • posted at 3:23 am on Thu, Nov 13, 2008.

    Posts:

    What is dangerous on this stretch of highway 12? Is it a bad design? No. There are no sight distance problems, are are no substandard horizontal or vertical curves. There are standard lane widths, there are standard shoulder widths, there are the appropriate pavement markings and signage. In fact there are additional signs, stripes and markings that go above and beyond standard applications.The road is very safe, it's the poor decisions of a few drivers that have caused the problems. The only way to truly make any road accident free is to close it.The only difference rumble strips would have made in this case is the negligent driver would have awoken just before impact.

     
  • posted at 3:09 am on Thu, Nov 13, 2008.

    Posts:

    SCRUTINY--> As for your ignorant comment about that road being PERFECTLY safe, maybe you should do a bit of research before you decide to give your uneducated opinion on matters you know nothing about. And it is also THE STATE OF CALIFORNIA who issue drivers licenses. So the "maniacs" as you like to call them, are also the responsibility of the state. If they're a "maniac" driver they should't have been issued a license by the STATE OF CALIFORNIA. So should we sue them for that?

     
  • posted at 2:47 am on Thu, Nov 13, 2008.

    Posts:

    I will also add that Caltrans recently upgraded and replaced the (needed) upright yellow stakes west of Rio Vista. They were doing it for 3 days last week, Nov 3-4-5. Seems to me that effort should have been going towards doing something about the "open" side (Lodi to Rio Vista) first, before working on that stretch that has already recieved attention.

     
  • posted at 2:46 am on Thu, Nov 13, 2008.

    Posts:

    Uh.. I meant road, not broad.

     
  • posted at 2:46 am on Thu, Nov 13, 2008.

    Posts:

    That broad is PERFECTLY safe when drivers drive with caution and not like maniacs! Get the maniacs off the road and nobody will get hurt!

     
  • posted at 2:38 am on Thu, Nov 13, 2008.

    Posts:

    Frivolous lawsuits... I agree, why Cal Trans? The other driver was at fault.On the other hand who entered the road, knowing it was a dangerous stretch? No one is accountable for their own actions these days.. Things go wrong, Sue!!

     
  • posted at 2:34 am on Thu, Nov 13, 2008.

    Posts:

    Its still negligence on the part of Caltrans. Look at it this way: If you had a carnival ride that could run out of control and kill innocent people if its operator was negligent...and it did so repeatedly...the DESIGNER of the carnival ride would be held liable (in addition to the operator, of course). In this analogy, that designer would be Caltrans...and the "operator" would be negligent drivers who cause the accidents. That's the way tort law works. A recognized hazard cannot be allowed to exist unabated...that's negligence of a hazard. Ask OSHA!!! Workers who get injured working on a site where proper safety remedies to documented hazards remain unaddressed may sue. And, the violators can be criminally negligent, too. Same with Highway 12 where many die, year after year....with no remedy to known hazards.

     
  • posted at 2:31 am on Thu, Nov 13, 2008.

    Posts:

    Ken H. brings up a good point. I drive hwy 12 about once a week between Lodi and Fairfield. It is very strange that all of the midline reflectors, speed flashers, and concrete barriers are in place west of Rio Vista, and yes there is a huge difference in the way people drive thru there now. Yet, between Lodi and Rio it is still a wide open free for all....not even the center line yellow uprights....nothing.

     
  • posted at 2:29 am on Thu, Nov 13, 2008.

    Posts:

    sue the driver not cal-trans what is wrong with this and why did it get this far and who let it get a life lady your alive

     
  • posted at 2:26 am on Thu, Nov 13, 2008.

    Posts:

    Ya, don`t sue the idiot that caused crash, sue the state because that`s where the money is! The state should guarantee the people`s right to safe driving 24/7! If anybody ever gets in a crash, it`s obviously the state at fault.

     
  • posted at 2:15 am on Thu, Nov 13, 2008.

    Posts:

    The way I see it, this shouldn't be the fault of CalTrans. If she wants to sue anyone, it should be the driver who fell asleep. I used to commute from here to the bay area and I would have to pull over many times because I could not stay awake for anything. I sympathize for this victim as I have lost one friend and the other was left scarred, in many ways, on Hwy 12. But I most definitely would not blame CalTrans for neglecting to keep me from getting hit when it had nothign to do with this victim's safety. This person was coming right for her, as scary as it is sometimes we just don't have a lot of options of safety. I wish a successful life for her and her family, but attacking a company that had nothign to do with your accident is beating a dead horse into the ground.

     
  • posted at 1:48 am on Thu, Nov 13, 2008.

    Posts:

    Attorney Doug Gessell speaks for all of us who have been fighting, writing, and posting for many years on this matter: "Put a barrier between two opposing lanes and nobody's going to pass. Nobody's going to cross into another lane," Gessell said.That's absolutely correct. It has worked PERFECTLY on Highway 37, on the Antioch Bridge, even in SF's Golden Gate park.Without such, various knuckledraggers who want to "save time" will put others at risk of sudden death when they make their simpleton choices to speed and pass. A barrier simply removes that option, period. Let's fight for the Barrier! Lawsuits are tools for such.

     
  • posted at 1:32 am on Thu, Nov 13, 2008.

    Posts:

    Lady...the comments of "baboonablis" are ill-thought out. Your negligence lawsuit is precisely what is needed here. In fact, all injured parties on SR 12 should sue the State for millions. SR12 is a clear and present hazard. It falls FAR short of current safety standards. The State has done almost nothing to prevent these accidents where an average of 6-10 die EACH YEAR (!!!). Now, if THAT is not negligence, what is???

     
  • posted at 1:05 am on Thu, Nov 13, 2008.

    Posts:

    Hey Lady, be accountable. We all know how dangerous 12 is, it is not the states fault that you were hit. I dont think the state made you drive 12 did it? I take 12 as a short cut sometimes, I hate it, but it does save time, I know what the risks are. I think I am going to file a lawsuit against lodi for how many stop lights they have........ So friggin stupid

     
  • posted at 9:12 pm on Wed, Nov 12, 2008.

    Posts:

    I truly don't understand how Solano County can afford the concrete barriers on their side of Hwy 12 but we cannot. Good lord, its a simple solution and would end many tragedies.The more people who fight for the concrete barriers at SJ County meetings, and SJCOG meettings, the more chance they'll listen and actually implement them.

     
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