05/03/2010 // West Palm Beach, Florida, USA // Nicole Howley // Nicole Howley

San Francisco, CA—The family of the truck driver who drove over the side of the Bay Bridge’s upper deck filed a wrongful death lawsuit against Caltrans on April 28, 2010. The veteran trucker, Tahir Sheikh Fakhar, 56, of Hayward was killed when his truck plummeted from the northern side of the S-curve at 3:30 a.m. on November 9, as reported by the San Francisco Chronicle.

The California Highway Patrol (CHP) investigators believe Fakhar was traveling 10 mph over the posted speed limit of 40 mph, when he approached the S-curve, leading to the deadly wreck. Fakhar reportedly lost control of his semi when he came upon the S-curve, causing him to hit a three-foot guardrail, which catapulted his truck over the side of the bridge where it crashed 200 feet below.

Although the curve opened on Sept. 8, it was the first time the experienced truck driver negotiated the notorious curve. There have been a reported 43 accidents prior to Fakhar’s wreck.

Attorneys representing the plaintiff’s stated, “They (Caltrans) failed miserably to warn driver in advance that they were coming into the S-curve,” and that the “design was negligent.”

Caltrans have since placed warning signs, roadway striping and other safety precautions to alert drivers about the upcoming curve.

The wrongful death lawsuit does not seek a specific dollar amount.

Legal News Reporter: Nicole Howley-Legal news for California wrongful death attorneys.

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