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There is no excuse for allowing a slattern highway department destroy people with bad roads.
You can kill the messenger all you like with your ugly words, refusal to acknowledge a bad government decision to leave a bad road as a loaded weapon for some unchary wayfarer, but I learned better when I worked with a professional safety engineer in a state highway department.
If you had seen the required state photographs of dead people who are victimized by bad roads that I saw dating back 10 years since my associate's beginning, you would know why I was so adamant in my defense of some unwary driver, though a little incompetent, I'll grant you, but if you had seen the carnage I saw in the course of my job there, you would know precisely how deadly a road that is not maintained for public safety can be.
I will wear my negative rep as a badge against ignorance of people who do not have a clue what a bad road can cause in the way of human loss and human suffering.
I stand behind every single solitary word I said, and YOU CALLED ME AN IDIOTA WHEN I WAS TELLING YOU THE TRUTH.
How the hell do you sleep at night, madam, by letting the incompetence caused by a state entity to cause human deaths so grotesque as to look like the carnage of war?
Ignorance is a war, and I fight it tooth and nail when I can.
You can kill my reputation all you wish, but I'm right and I am not wrong in this instance of the State of California holding a loaded gun in the form of an unfit road to people's heads who use the road.
Dude. The man's brakes were on fire. Fire. And he made the conscious decision to proceed anyway.
I don't care if the road was airport runway quality and tended to every evening by gnomes who shit asphalt, the brakes were going to fail. And they did. And he killed people.
I'm not answering any more
ad homs. on this thread, RadiomanATL. I'm not a dude, and you know it when I mailed you my zip code, which I'm thinking was a horrendous mistake at this point considering your diminishment of my character with an intentional barb on my sexuality. I am a married woman and proud of it. I am not nor never have been in any way shape or form male.
I will, however, make this exception.
This case was mishandled because it failed to point out the true and undeniable source of this accident. The State of California built a road, badly. Somewhere along the road to today, the State of California issued the highest standards for professional engineers in the United States of America. I have worked for professional engineers and I am married to one and have been for 39.75 years. These bright people are required by their profession to tell the truth, to tell the whole truth, and to tell nothing but the truth about the state of the field of engineering that they represent. I know the State of California has one of the hardest-to-pass professional engineering test to receive one's PE. I know, because my husband's state professional engineer society adopted the CA state due to its preference amongst caring engineers.
Somewhere along the line, perhaps the State of California either let go of its professional engineers (PEs) or lowered their standard, I'm not sure which. The reason you have a PE in Road Safety, is because he is absolutely required by his peer Professional Engineers to remain active by continuing his education and credentials on a yearly basis that is ongoing. These fellows have to tell the truth, and tell it like it is if they feel a road should be closed, they close it at the risk of getting fired, at which time they have PE recourse which is, if proved right by their peers, they get their job back, no matter how pissed the boss, owner, governor, or even US President is over their correction.
When a state refuses to close a road as required by the PE, he writes his opinion and documents it with any powers that be. Then if something goes wrong, they cannot go after him, but must accept the full brunt of the tragedy their refusal to do the right thing in building that was caused by ignoring the professional engineer.
I have a hunch that somewhere, some professional engineer did an assessment on that little road to hell, and your alleged "killer" was not the "killer" at all. The road and those who refused to correct the anomalies on that road were the "killers."
I don't know how I can possibly make it any clearer to this board the importance of providing to the public a safe road.
Bad bridges fall sometimes, and the first people going off the bridges die. That's one test of whether a state highway department was doing its job or not, and it's obvious the bridge failure caused the deaths of those people. What is the age of the bridge? Was anyone written up for using shoddy materials? If the bridge is in a known temblor zone, were the proper artifices put in place that would prevent the bridge from shaking down if the quake is a big one?
These are things a highway department is charged with.
If it fails to deliver a safe road, it needs to close the road until it can.
Different roads have different requirements. This road had a closed sand trap area that was not maintained. Someone long ago knew that road was unsafe and tried to implement a way for trucks to slow down. Later, for reasons not known, the decision was made to override the traditional cautionary of having the runaway zone, so they let it go to pot. This accident tells me that was a huge mistake.
That is an alarm bell to me, but to others on this forum, the only alarm is in my brain.
I know better. I've seen the grotesque pictures of dead people bad road constructions killed. They ain't pretty, and fixing the roads to not kill people should be A#1 First, Last, and Middle priorities of Highway Safety Departments.
California screwed up. People died. They grabbed the first guy to have the bad luck of having his brakes fail on the bad road and callously threw him in the slammer without so much a question as "was this road fit to travel."
It wasn't, it wasn't, and it wasn't.
I tried, but I did not get through to a single one of you honed in to get the first person whose vehicle failed without even questioning, "Was the grade on this road so bad, it would cause the lining of brakes to go bad on account of it?" If the answer is "yeah, probably," the man is not guilty. If the answer is "yeah, maybe," there is a reasonable doubt, and the man is not guilty. If the answer is "absolutely, no chance was the grade on this road so steep it couldn't possibly cause brakes to fail," then he's apparently guilty as charged. The reason I don't think that is possible is because of the sign intense posted showing the road to be extremely steep.
The trouble with the truth, is that it is square before me. There was considerable question as to whether any truck is safe on that road, in my mind, particularly because the state of California indeed did make changes in the signs following the deaths of two people and this man's conviction of causing their deaths.
There are parts of this country in which hills are steep and steeper than the road described, but they are safe for travel, because a professional engineer had data before him that says a certain grade percentage is unsafe for certain vehicles, and he persevered to ensure that all roads on his watch do not have that grade associated with brake failures and having no way to slow down. A lesser grade helps this issue and reduces damage on brakes.
There is no way you can have a true professional engineer whose mind is set on public safety above all, wrote up his reports for the rest of the world to know about, and have this issue arise.
That report is somewhere, filed somewhere. I can't believe California would corrupt its finest professional engineers from the practice of delivering safety to the public as his chief and uppermost thought. Somebody screwed up, I don't know who.
Some lawyer failed to get this point of truth across to the judge, who, in my most humble opinion, should have had it pointed out to him before he blamed a mere human for this academic issue of grade.