San Clemente, CA (July 22, 2024) – A fatal incident on Monday morning claimed the life of Alexander Rodish, a 55-year-old Caltrans worker, on the northbound side of the 5 Freeway just north of Avenue Palizado.
Accident Details and Ongoing Investigation: The tragic event unfolded around 9:30 a.m. when a freeway service patrol tow truck veered out of its lane and onto the shoulder where Rodish and a colleague had stopped to clear debris from the roadway. The tow truck collided with the Caltrans vehicle, striking Rodish. The force of the collision launched the Caltrans vehicle into the air and over the curb, where it struck a Nissan Rogue on the on-ramp. Alexander Rodish was tragically pronounced dead at the scene. The second Caltrans worker’s condition is currently unknown, while the tow truck driver and the Nissan driver sustained minor injuries. CHP has yet to determine whether drugs or alcohol played a role in the accident.
Legal Considerations: As a personal injury attorney, I find several critical questions that must be addressed through a comprehensive legal investigation:
- Driver Negligence: The primary focus will be on why the tow truck veered onto the shoulder. Was the driver distracted, fatigued, or otherwise impaired? Examination of the driver’s actions and potential causes, such as cell phone use or other distractions, will be pivotal.
- Work Zone Safety: It is essential to assess whether adequate safety measures and protocols were in place to protect Caltrans workers. Were warning signs and barriers properly deployed by Caltrans to alert drivers of the work being conducted on the shoulder? If not, Caltrans may be implicated in negligence.
- Vehicle Maintenance and Condition: Investigating the mechanical condition of the tow truck and the Caltrans vehicle can reveal if any mechanical failures contributed to the crash. If so, this may lead to liability for the vehicle manufacturer or service provider.
- Drug and Alcohol Testing: Determining whether the tow truck driver was under the influence of drugs or alcohol at the time of the incident is crucial. Toxicology reports and witness statements will be important for this aspect of the investigation.
Understanding these elements is crucial for ensuring accountability and justice for the Rodish family. Depending on the investigation’s findings, they may be able to file a wrongful death claim.
My sincerest condolences are with the family and friends of Alexander Rodish during this heartbreaking and challenging time.
Source: KTLA