HomeMy WebLinkAbout17 CLAIM NO. 96-26 10-07-96 LAW OFFICES OF
'WOODRUFF~ SPF~DLIN & SMA~
PROFESSIONAL CORPORATION
MEMORANDUM
NO. 17
li0-7-96
TO:
Honorable Mayor and Members of the City Council
City of Tustin
FROM: City Attorney
DATE:
RE:
October 2, 1996
Claim of Michael Zakrajscek; Claim No. 96-26
RECOMMENDATION:
After review and investigation by the City's claims administrators, it is recommended
that the City Council deny the claim and direct the City Clerk to provide notice to the
claimant and the claimant's attorneys.
DISCUSSION'
This claim is for $2,500 in property damage. The claimant's vehicle was damaged
in an accident at the intersection of Harvard and Irvine Center Drive. According to the
claimant, he was southbound on Harvard on a green light when other vehicles entered the
intersection from Irvine Center Drive. He swerved to avoid them and struck a retaining
wall. The claimant alleges that the signal lights were malfunctioning in that the lights were
showing green for everyone approaching the intersection. The intersection question is
partly within the City of Irvine and partly within the City of Tustin. We have been advised
that the signals are maintained solely by the City of Irvine. In our opinion, this is not a
potential case of liability for the City of Tustin.
LOIS E. JEFFi~'¢/~' -o
Enclosure
cc: William A. Huston, City Manager
1100-9626
35905_1
City of Tustin
C~ ~ AGAINST T~R CITY OF TD~. ~
(For Damages to Persons or Personal Propert
The law provides generally that a Claim must be filed with the City Clerk of
the City of'Tustin within 6 month~ after the. incident or event occurred. Be
sure your claim is against the City of Tustin, not another public entity.
Where. space is insufficient, please use additiOnal paper and identify
information by paragraph number. Completed claims must be mailed or
delivered to the City Clerk City. of Tustin 300 Centennial Way, Tustin
California 92680 ' ' ,
WHEN COMPLETING THIS FORM, PLEASE TYPE OR USE BLACK INK
TO THE HONORABLE MAYOR AND CITY .COUN'CIL, City of Tustin, California:
The undersigned respectfully submits the following claim and information
relative' to damage to person and/or property:
1. a. NA2ME OF CLAIMAN'~:
b. ADDRESS OF CLAIMANT-;~-~
c.
d. TELEPHONE NO: - -;_ : ' ---_
e. DATE OF BIRTH:
f. SOCIAL SECURITY NO: _
g. DRIVERS LICENSE NO: _
,
2. Name, telephone and post' office address to'which claimant desires notices
to be sent (if other than above):
3. This claim is submitted against:
a. ~ The City of Tustin only.
b. The following employee(s) of the City of Tustin only:
Ce
The City of Tustin and the following employee(s) of the City
of Tustin only:
4. Occurrence or event from which the claim arises:
a. DATE:~~
b. TIME:
,
.c. PLACE (Exact and specifi~ location):~ ' · -. .
d. HOW and under what circumstances did damage or injury occur? Specify'
t~.e particular occurrence, event, act or omission you claim'.caused
t~.e injury or damage (Use additional paPer if necessary):
e. ' WHAT Particular ? "ion by the City, or it.cf 'mployees, caused the
alleged damage oz .jury? ·
5. Give a description of the injury, property damage or 'loss so far known at
the time-of this claim. If there were no injuries, state "no 'injuries".
6. Give the name(s) of the city employee(s) causing the damage or injury:
7. Name and address of any other person injured:
8. Name and address of ~he owner or any 'damaged property:
/~_~ ~ P~ol'~' ~ ; Irv,,~- ; ~I~ *~7~61
9. D~mages' claimed:
a. 'Amount claimed as of the date:
b. Estimated amount of future costs:
c. Total amount claimed:
d. Attach basis for computation'of amounts claimed (include copies of
all bills, invoices, -estimates, etc.
10. Names and addresses of all witnesseb, hospitals, doctors, etc.
. . .
WARNING: IT IS A CRIMINAL .OFFENSE TO FILE A. FALSE CLAIM! !
(Penal Code Section 72; Insurance Code Section 556.0)
I have read the matters and statements made in the above claim and I know the
same to be true of my own knowledge, except as to those matters~ stated to be
upon information or belief and ~s %o such matters I believe the same to be
true. ' I certify under penalty or perjury that the foregoing is TRUE AND
·
20RRECT.
Executed this '! I
day of
...,19.~, at Tustin, California.
DATE FILED:
~1: CLFORM
~evised 4/29/91
· ate .~
N_ o "-d'tt ~';"-=~'6H~'-~'~i7. t'~-'..h-e'd- ~ x d ~ f":---' ~-
~or mess-'f'acilities , ~ ~- "
'duty,· no marching, pro-
nding or field work
No duty~ confined to g.uarters 1 i.Lim..ited use of extr'emity
-~xcept for mess ~acillties ! li~'~'~e~~
·
·
No duty to rest at home where Specmal clothing recommended
nursing care is available
~ Not to"exceed 24 hours
Not to exce~ ..::_.: ..... No mess dutyL__no food
fle range duty in '-.I
Sick in ~u~rters (SIQ} in position indicated
excess o days, not' to
· exceed 14 days .. i No shaving__
...... ~ ......... ~ .... . ....
To~'~i"'~ber of days recommended
, R~eturn to this medical clinic
walking or strenous activit-/
·
....... " ~ ur
_PAT I ~-NT ACKNO~ ~_~___ eavy
~L~DGP-MKNT: ...... . ~ .......
I UND1~-RSTAND . · . ----
1' AM · R TO COI~L~4ENCEME · M~AND. I FURT -
· ' ' DaT~;
- _z._____ TIME. -~'-'~ ~uZu~ ~OT~FICATION.
LIBeRTy IS CONSIDeReD 'DKTRIM~NT~R~TURN ~OR KVALUATION
L~B~RTY ~S NO CONCERN MKDIC~LLZ .~(T~ME) " (D~T~)
H~AL~.~. ~ PROV~R)~ .
.~ ~. ... . . · .
Basis for Computation of Claim
Average of four (4) Body Shop estimates
Replac~rncnt of righg t front tire
Danmgc sub-total
Pain, suff¢~ and inconvienc¢
2,185.68
66.85
2,252.53
247.47
Total ' 2,500.00
.'
~591 !
J:JST T I RES
30c? EDINGER AVE #E
JUSTIN. CA 98680
(714 )86?-')616,'BAR PEG# AG179327
FEDER~.,. TAX ID# 340253840
C'5/' 16/96 05/16/96
(].'6:49 FM 06:53 PM
TERR: 8664
NONSIG: 908664
L TO: MICHAEL ZAKRAJSEK
)~JE I ....... (714)857-4024
)NE
-E REC.-!UE.S'TED 05/16/96
IE REQUESTED
'URN PART~,, YES
.EBMAN ...... 006 /.006
·.
VEH YEAR/MAKE,
VEHICLE MODEL,
VEHICLE COLOR·
LICENSE/STATE,
ODOMETE IN/OUT
PRIOR INVO1CE.
01.4099
!NT I COB lC CUST! TYPE/STATE PAYMENT METHOD
~000~ 8 O1 09666 0 CA CHEC~
~ECH
059
059
059
P~ODUCT CODE BC gTY
3~F-~69-B6~-O R
~TT. I NO. PLTBEKR364
041-263 R !
0~-663 R
071 R 1
04~-100 R 1
THANK YOU, FOR CHOOSING
DESCRIPTION
165R15 86T O0 "P~EM METRC BLRPTL
,NEW VALUE STEM
JUST TIRE LIFETIME COMP WHEEL BALANCE
SCRAP TIRE DISPOSA~ AUTO
CUST. BECLINE RDA~ NAZAR~
PAR?S LBR/EXC!SE LINE TOTAL
Q9.95 .00 q9,~5
8.~5 .00 8.45
8.50 6,45 8.95
1.00 .00 1.00
.00 .00 .00
~UST TIRES +~+++++ PLEASE TELL A FRIEND ABOUT US
~ F ~,'£ILI ARE 'NO'F I (5~(:~ ~-~- I SF I ED CALL
TI--~OidAS '
~HE STORE M~N~:"~GER . AT < ? ~ 4 ) 8-68--~Z)6 1 6
· :" CHECK A,OUNT, ...... 6~.B5 LABOR TOTAL ........ 6.(5
..... '._.': . STATE TIRE FEE .E5 SUB TOTAL .......... '6g.35 ~ )
TAXABLE AHOUNT 5~,90 SALES TAX~ a.~5 ~/
5TOHE .~ N~O ~ ~E ToT~L '~'. -
~EE REVERSE S:~DE FOR I MF'ORTANT 'SAFE~:~
WAF~ I NG A~D WARRANTY I NFORMAT I ON
Quality brands,
Unbealoble prices,
Profe,$~ion(dly installed...in mfi ~ules
=age of Pages
NAME
STREET
co o"
INSU~CE CO.
DEALERS SERVICE CO., INC.
1343 East Borchard
SANTA ANA, CALIFORNIA 92705
, (714) 543-8458
FAX (714) 543-1714[/Iv/ ~ ~
PHONE
/-/
REPLACE
./
REPAIR
Ill
DESCRIP~ON
..z 4,.,,','- ~' e'2 7/J,
MODEL
. ?u,,,',~"~ 5'~--l'g-
ADJUSTOR
23038
IESTIMATE PREPARED BY
I II
TOTALS
REFINISH
,Z
SUBLET'
$
TOTAL... :, .................. $ 2. //e./. /1, ~
TOTAL PARTS .................
TOTAL LABOR .................
TOTAL REFINISH
TOTAL SUBLET ................
TAx ..........................
.R~.~,~ t1~..',.~/~ ' ~~/d/rp .
......... .......
The above is an estimate based on our inspection and does not
cover any additional pa~s or labor which may be required a~er the
work has been sta~ed. Occasionally, worn or damaged pa~s are
discovered which may not be evident on the first inspection.
Because of this, the above prices are not guaranteed. Quotations
on pans and labor are current and subje~ to change.
AUTHORI~TION FOR REPAIR. You are hereby authorized to
make the above repairs:
DATE:
SIGNED:
PARTS
S4. oo
.P
~C
,3
c2.3
~ge of P&ge~
IRVINE AUTO COLLISION
1610], Construction Cir. West Unit D
IRVlNE, CALIFORNIA 92714
(714) 552-2885
BAR: AG168050
lAME
;TREET
'EAR I COLOR
~EGISTRATION NO.
~ISURANCE CO.
REPLACE REPAIR"
,,/
SERIAL NO,
DESCRIPTION
PHONE DATE
MODEL
ODOMETER
ADJUSTOR
The above is an estimate based on our inspection and does not
cover any additional parts or labor which may be required after the
work has been starte,4:l. Occasionally. worn or damaged parts are
discovered which may n ,o~be evident on the first inspection. Because
of this. the above ~rice~'~re no~ guaranteed. Quotations on parts and
labor are currsnt and subject to change.
AUTHORIZATION FOR REPAIR. You are hereby authorized to
make the above repairs'
SIGNED:
DATE:
TOTALS
PARTS
135. co
ESTIMATE PREPARED BY
LABOR
·
TOTAL PARTS .................
TOTAL LABOR '~<>-
TOTAL REFINISH
TOTAL SUBLET ...............
TAX .........................
TOTAL .......................
REFINISH
,,
~ ! 2._. ~O
SUBLET
~MAGE REPORT-
~/18/96 at 11:58
ZAKRAJSEK
D.R. 27404-0000486
Est: G. QUIGLEY
QUIGLEY'S AUTO BODY
"QUALITY TEAM"
26921 VISTA TERRACE
LAKE FOREST, CA 92630-
(714) 768-5915
~ner' M.J. ZAKRAJSEK
idress:
Day Phone: ( )
Deductible: $ N/A
~surance C0.:
Claim No.:
Adj .:
Phone:
~ VW BEETLE'SUPER 2D SED GREEN/M 4
in: .. License:
Prod Date: 0/ 0 Odometer:
). 0P.
DESCRIPTION OF DAMAGE
PART '
QTY COST LABOR PAINT
MISC
1
2**
3
4*
5
6*
7
8
9
.0'
_1'
.2
.3
_4
.5*
.6*
.7*
.8*
.9*
:0
FRONT BUMPER
Repl REC Face bar
Repl RT Face bar bracket 1
Repr SET UP FRAME RACK PULL 1
HOOD
Repr Lid . 1
R&I Molding center 1
R&I Handle 1
FRONT STRUCTURAL COMPONENTS
Repl ~ront NOSE PANEL 1
Repl RT FR FENDER USED 1
FENDER & LAMPS
Repl Aim headlamps 1
Repl RT Door chrome 1
Repr RT APRON A/P 1
Repr R&I LT FENDER FOR APRON 1
Repr CLEAR COAT 1
Repr COLOR MATCH 1
Repr OVERS.RAY COVER 1
WHEELS & FRONT SUSPENSION
Repl Wheel alignment align front wh 1
1 120.00 0.5
11.95
27.80
5.0
2.0 2.0
0.2
0.2
10.0 T 200.00
1.5 1.5 T 125.00
0.2
0.2
6.0 1-,0
1.5
1.0
0.3 T 7.50
1.5 M
Subtotals --->
159.75 30.1 7.5 332.50
Page:' 1
MAGE REPORT
/18/96 at 11:58
QUIGLEY"S AUTO BODY
"QUALITY TEAM"
26921 VISTA TERP~ACE
LAKE FOREST, CA 92630-
(714) 768-5915
ZAKRA~TSEK
D.R. 27404-0000486
Est: G. QUIGLEY
ONT SUSP OPEN
Parts 159.75
Labor 23.6 units @ $30.00.' 708.00
Body Supplies 15.8 units @ $ 2.00 31.60
Paint 7.5 units @ $30.00 225.00
Paint/Materials 7.5 units @ $20.00 150.00
Frame 5.0 units @ $45.00 225.00
Mech 1.5 units @ $55.00 82.50
Sublet/Misc 332.50
SUBTOTAL $ 1914.35
Tax on $ 673.85 at 7.7500% 52.22
GRAND TOTAL $ 1966.57
INSURANCE PAYS
$ 1966.57
IS ESTIMATE HAS BEEN PREPARED BASED ON THE USE OF CRASH PARTS SUPPLIED BY A
/RCE OTHER THAN THE MANUFACTURER OF YOUR MOTOR VEHICLE. ANY WARRANTIES
PLICABLE TO THESE REPLACEMENT PARTS ARE PROVIDED BY THE MANUFACTURER OR
3TRIBUTOR OF THE PARTS, RATHER THAN BY THE ORIGINAL MANUFACTURER OF YOUR
~ICLE.
Bstimate based on MOTOR CRASH BSTIMATING GUIDB. Non-asterisk(*) items are derived from the Guide BOA_9102. Database Date 5/95
Double asterisk(**) items ,indicate part supplied by a supplier other than the original equipment manufacturer.
CAPA items have been certified for fit and finish by the Certified Auto Parts Association.
EZEst - A product of CCC Information Serwices Inc.
Page: 2
Er, ir, L-':?.~, L:n~ l~e,~
·
'" -'--' T';'z~ Du.:."?,!' on ~.9~,~ri~:. or:,
'.'-"-:.;-."-" .:.'03".' r.:..'r'-'-:~a".: r:~? =:iH--:r.'. ,'.'
"..- '~'- *. ,.., ~.,- ::: I.._.,, _i: ..-_ ~,.~,
E S:'} 7 .-- :'..' ......................
.~ ~L: 'L.'- ~r'. ' ':.".',%,: gl ' '. ,'12.'r ;;'
..'-..Tjx 3 ] -':~
·
,,' FEi:i,E,=: F'Ai.; ..
;'3T2 F FE~DE~ ]M ".'iT
7)2 D.";, F -~D~T ~!iSF :'" '"""
:;:.~L'.:'¢', =E'T 2%:[I}{-. rs-.".. V
;%:T.: · F?
.-x~'.5.~',',.... i~ F~O?.!T BO["-'.' e:?RgN ..;'.'~S""
r:UTO REF!~J AD,r.,'L i~,Bn~' n:~ ,"; r~r. rrm=
· , _ , .~.. ~, .~ ,.. ~,¢,
:::,',:x .;:.;iFil.: A~)'L; ~r~r...= n:-~ TiNT ra, r,a.
.~!:T,.5 REF.;;.: ;~[-9'! l.h~O.: 5F'F: E...',,LG;, 5i~,H,i, F?.' ;, ~'UFF
,"-:,'~': =:--:.'-: ,w,r,:~ ~,~9~.n OF.,'.: ~lii, 3!', ...............
a:.O'..' [Lr;,r.'L !..q~T ucT.~nr, nu,-- ur.' Ti'
· ~'-'.' .' ~ · ~ -~. ~ ,~1,,.(~..,.. _~ ~t~- ~,, ..,..,
..',,!j-rg .':,9':'L CgST ,r'.4.!~T ~iATER' '~,
Le.'.'.cr >-bte
C Jn:::.:d_~:i ir. r,,l.~,:r ',.'~at Ca!:
-3
Add' i
Labr...:' ~ub! et
837,50
i33 ,3::)7 :'05 S
5.001
.-'.'0~, ~,.';.
!,i~!,-'
?.(:, '7'
!,25!,7-
i
FOR .'.'0.~;i 'j T£, r,;,~;LiFE.']i,{iA r..L.~,.q.:'i[.F. FA, iii-, ,5 BODY'
;) , '.'t'l
·
I
5ESY' REPORT TAKEN BY
IRVINE POLICE DEPARTMENT
IRVINE POLICE DEPARTMENT
TRAFFIC COLLISION REPORT
:,AL CO.D'TIO"' .O.I.J. ·~'R em, JUD,C,^L D,.TR,CT Number
(::::0o,~- TE ~ ~ 0~ IRVINE Orange County Harbor
R~ ~ ~ ~ .o.~.,~=~ ~ coU.wORANGE ~ -
~N NAM[ (FIRST. MIDDLL LAI~ OTHER INVOLVtD VEHICLE
ZIP OWNER'~ ADDR[~ 0 ~AM[ A~ DELVER
STAT[
NO. I DAY I
~[~ R[L PHON~ BU~ P~ON[ ICC
INIUAANC[ CA~RIJR POUC~ NUMBJR P~IOR MECHANICAL V[HICL[
D[F[CT~
RTY
2
~V[R NAHE (FIRST. NIODLL LAI~ OTHER INVOLVED VEHICLE
ADDR[II
'~2~ c,~ ST**= z,~ ow. zR-s *DO.. U s. Mz .=
' ' MO. I DAY I Y~ I
I I I I
4~ R~ PHONE IU~ PHONE ICC
PUC
] ( ) ( )
DEFECT~
0 NON[ APPARENT 0 UNK 0 NON[ 0 MINOR
*"*'~ 0 .. -*..-,- 0 .o0 0 .,~o. 0
i
.
tTY EouIP
~N N&M~ IFIflIT. MIDDLL ~1~ OTHER INVOLVED VEHICLE
ZIP OWN[8'~ ADDR[~I 0 SAM~ Al DRIVER
ITATK
~CLI
u~ II ' MO. I DAY I Y~ I
] I I I I
t I I
I[R R[L PHONE BU~ P~ON[ ICC
~UC
] ( ) ( )
INIURANC[ CARRIIR PoDCY NUNI[R P~IOR MECHANICAL VEHICLE
DKPKCT!
0 HONK APPAR[N* 0 UNK 0 HONK 0 MIND'
R[~ PHONE
J NOTIFIED
OW~h~--
[.~ ~YKS OHO
,
lURED / WITNESSES / PASSEr
0~ COLL _~-u~
SEATING POSITION
23
56
7
DRIVER
TO 8 . PASSENGERS
STA. WGN. REAR
AR. OCC. TRK. OR VAN
POSITION UNKNOWN
OTHER
O~CCUPA NTS __
A NONE IN VEHICLE
B UNKNOWN
C LAP BELT USED
LAP BELT NOT USED
SHOULDER HARNESS USED
SHOULDER HARNESS NOT USED
LAP I SHOULDER HARNESS USED
LAP I SHOULDER HARNESS NOT USED
PASSIVE RESTRAINT USED
SAFETY EQUIPMENT
M/C BICYCLE - HELMET
L · AIR BAG DEPt. OYED
M - AIR BAG NOT DEPLOYED DRIVER
N - OTHER V. NO
P - NOT REQUIRED W . YES
CHILD RESTRAINT
PASSENGER
Q - IN VEHICLE USED X - NO
R - IN VEHICLE NOT USED Y ' YES
S - IN VEHICLE USE UNKNOWN
K PASSIVE RESTRAINT NOT USED
T - IN VEHICLE IMPROPER USE
EJECTED FROM VEH.
0 - NOT EJECTED
1-FULLY EJECTED
2-PARTIALLY EJECTED
3-UNKNOWN
~ESS
:ESS
( ) ( )
INJURED TAKEN 1~.
( ) ( )
INJURED TAKEN TO: :
.ESS ~ INJURED TAKEN TO:
:
INJURED TAKEN TO:.
BUS. PHONE
) ( )
( ) ( )
INJURED TAKEN 1~.
H
a~EEL.
q6- q7ol
~CAL'.'
Pox ""' I
'K/w,, "rLw,.~ 'V I"~o~; ,~ c
R
L
~3E~i~--r-IR
'J i1'
' .J II
TRAFFIC COLr. ISION
Page 1
96-5701
INJURIES:
None.
STATEMENTS:
Driver #1, Zakrajsek, stated that he had been traveling southbound
on Harvard in the #2 lane at approximately 40 mph. As he
approached the intersection with Irvine Center Drive, Zakrajsek saw
that the light for traffic traveling southbound on Harvard was
green. As Zakrajsek's vehicle entered the intersection, he saw
several vehicles begin to enter the intersection from westbound
Irvine Center Drive. Zakrajsek said that as his vehicle was
traveling through the intersection, the vehicles that were in the
#1 and #2 lane for westbound Irvine Center Drive stopped. Another
vehicle that had been turning from westbound Irvine Center Drive
onto southbound Harvard did not stop, and Zakrajsek thought that
his vehicle was going to collide with this other vehicle.
Zakrajsek pressed down on his vehicle's brake pedal and began to
skid through the intersection narrowly avoiding a collision with
the other vehicle. As Zakrajsek's vehicle crossed over the other
side of the intersection, it swerved to the right and hit the west
curb of Harvard just south of intersection. His vehicle went up
over the curb and the right front corner of his vehicle collided
with a brick wall. Zakrajsek said that.when he got out of his
vehicle,, he looked up at the traffic signal lights for the
intersection. He saw that the light for northbound traffic on
Harvard was green and that the light for eastbound traffic on
Irvine Center Drive was red. Zakrajsek was not able to see the
lights that controlled southbound traffic or westbound traffic at
the intersection. Zakrajsek said that he did not know what happened
to the other vehicle, because he had been disoriented as a result
of the collision.
Zakrajsek described the other vehicle as a grey Nissan Sentra, 2-
door, 80s model, with an unknown Ca. Lic. plate. Zakrajsek does
not think that he would recognize the vehicle if he saw it again.
He estimates that the vehicle was traVeling at approximately 15-20
mph through the intersection just prior to Zakrajsek's collision.
Witness #1, Bowdle, stated that she had been stopped in the left
turn lane on westbound Irvine Center Drive, approximately three
cars back from the intersection. Bowdle observed the traffic
signal light for traffic traveling westbound on Irvine'Center Drive
phase'f~om flashing red to solid red several times. Bowdle looked
to her"right and saw vehicle #1'traveling southbound on Harvard at
approximately 35-40 mph towards th~ intersection. When Bowdle
looked forward she saw another vehicle attempting to turn left from
westbound Irvine Center Drive onto southbound Harvard. Bowdle
TRAFFIC COLLISION
Page 2
96-5701
stated that the light for westbound traffic on Irvine Center Drive
was solid red when this other vehicle was making its turning move.
Bowdle did not know whether the light was on red flash or solid red
when this other vehicle initially entered into the intersection.
Bowdle thought that vehicle #1 collided with this other vehicle and
then skidded into the corner and brick wall on the southwest corner
of the intersection. Bowdle said that after the collision, the
other vehicle pulled over to the west curb of Harvard south of the
intersection. And that time a women got out of the car and looked
at vehicle #1. When driver #1, Zakrajsek, got out of his vehicle,
the women got back into her car and drove off quickly. Bowdle said
that the women's vehicle was a mid-sized compact car, dark grey in
color, early 90s model, 4-door. She described the driver of the
vehicle as a female with dark hair, medium build, medium height,
wearing a skirt and blouse, in her late 20s to early 30s. Bowdle
said that she might be able to identify the vehicle and woman if
she saw them again.
Witness #2, Thomas, stated that he had been stopped in the #1
westbound lane of Irvine Center Drive, approximately 20 cars back
from the intersection. Thomas noticed that the traffic signal
lights were flashing red for traffic traveling in all directions at
the intersection. After 'about one minute, Thomas noticed that the
light was green for northbound and southbound traffic on Harvard.
After about two minutes, Thomas saw the signals return to red
flash. When Thomas was approximately four cars back from the
intersection, he saw that the traffic signal for northbound and
southbound traffic on Harvard was green and that the light for
westbound traffic was solid red. Thomas observed several vehicles
traveling westbound on Irvine Center Drive drive through the solid
red. Thomas said that it appeared that everyone at the
intersection was confused, because the signal lights kept changing.
As Thomas neared the intersection, he saw vehicle #1 traveling
southbound on Harvard through the intersection with Irvine Center
Drive at approximately 35-40 mph. Thomas saw another vehicle in
the intersection that was facing southbound and traveling at
approkimately 15-20 mph. Thomas stated that it was possible that
this vehicle was making a left turn from westbound Irvine Center
Drive onto southbound Harvard. Thomas did not see what color the
light was when this vehicle entered into the intersection. Thomas
is not certain what color the light was for northbound and
southbound traffic on Harvard, when vehicle #1 entered the
intersection. However, Thomas believes that it must have been
green, because traffic was traveling northbound and southbound
through.~the intersection without slowing. As vehicle #1 began to
near th'e other vehicle, vehicle #1 began to skid through the
intersection. Vehicle #1 collided with the southwest curb at the
intersection and then impacted with a brick wall. Thomas saw the
other vehicle pull over to the west curb of Harvard just south of
TRA~.FIC coLLISiON
Page 3
96-5701
the intersection. He said the vehicle waited at the curb for
approximately 15-30 seconds after the collision. After driver #1,
Zakrajsek, got out of his vehicle, Thomas saw the other vehicle
slowly driv~ southbound on Harvard. Thomas described the other
vehicle as a grey Mazda 626, early 90s model. Thomas was certain
of this description, but he was not sure if he would be able to
identify the vehicle if he saw it again. Thomas did not see the
driver of this vehicle.
FACTS - ARRIVAr.~:
..
I was dispatched to a noninjury traffic accident at 0829 hours; My
response was-Code 1 (without emergency lights and siren), because
Officer Welch and Officer Maisano were already at the scene. My
arrival time at the scene was 0836 hours.
Upon my arrival, vehicle #1 was at its uncontrolled point of rest.
Driver #1, Zakrajsek, was standing on the curb by his vehicle.
Tustin Marine Corps where at the location conducting .an
investigation and assisting with traffic control. Officer Welch
and Maisano were also present at the scene, assisting with the
investigation and traffic control.
TYPE OF COLLISION:
This was. a vehicle vs. fixed object-type collision. Vehicle #1 is
a 74 Volkswagen bug, 2-door, green in color, Ca. Lic. 3PEP971.
The initial impact occurred between vehicle #1's right front tire
and the west curb of Harvard, just south of the intersection with
Irvine Center Drive. The secondary impact occurred between the
right front corner of vehicle #1 and a brick wall located on the
southwest corner of the intersection.
Vehicle #1 sustained minor contact damage to the right front corner
of the vehicle.
.The curb and brick wall sustained minor scuff damage from the
collision.
ROADWAY:
Refer to the back of the predrawn for a roadway description.
The weather conditions were cool, cloudy and dry with good visibil-
ity: pt.e.~ailing.
TRAFFIC COLLISION
Page 4
96-5701
POINT QF IMPACT:
The initial point of impact.was located on the southwest corner of
the intersedtion, approximately 30 feet south of the south curb
line of Irvine Center Drive and at the west curb line of Harvard.
This point of impact was determined by statements made by driver
#1, witnesses, damage to the vehicle and the curb, the uncontrolled
point of rest of vehicle #1, and 'tire skid and scrub marks. The
secondary point of impact was located on the southwest curb of the
intersection, approximately 6 feet west of the west curb line of
Harvard and approximately 38 feet south of the south curb line of
Irvine Center Drive. This point of impact was determined by
statements made by driver #1 and the witnesses, damage to vehicle
#1 and to the brick wall, the uncontrolled point of rest of vehicle
#1, and tire scrub and skid marks. The physical evidence confirms
the involved party and witness statements.
SKIDS:
Vehicle #1 deposited the following tire marks:
The left rear tire: locked wheel 30 feet centrifugal scuff.
,
VEHICLE INSPECTION:
I inspected the brakes, tires and steering equipment of vehicle #1.
I found the vehicle to be functioning properly on all checks.
EVIDENCE:
None taken at the scene that required logging into property.
MISCELLANEOUS:
At approximately 0915 hours, Richard Nelson, an employee with the
Irvine transportation Department (Traffic Operations), responded to
the scene. Nelson observed that the signal lights at the
intersection were phasing back and forth from red flash to normal
phase. Nelson placed the intersection on red flash until one of
the maintenance workers could inspect the control mechanism. I
spoke with Nelson later during the day, and he told me that one of
the maintenance workers had found a burnt out controller. Nelson
said that when a controller burns out, the intersection usually
turns to red flash. Nelson did not know why the lights had been
alter~a.~ing from regular phase to red flash.
TRAFFIC COLLISION
Page 5
96-5701
Driver 1, Z~krajsek, had been driving southbound on Harvard towards
the intersection with.Irvine Center Drive. As Zakrajsek approached
the intersection, the light for traffic traveling southbound on
Irvine Center Drive was green. As Zakrajsek entered into the
intersection, another vehicle was attempting to turn left from
westbound Irvine Center Drive onto southbound Harvard. Zakrajsek
applied emergency braking and avoided a collision with'the second
vehicle. However, Zakrajsek's vehicle swerved to the right and
collided with the curb at the southwest corner of the intersection
and with a brick wall at that corner. There is no evidence to
indicate that this other vehicle entered the intersection illegally
when it was involved in a traffic collision with vehicle #1. Based
upon the statements made by driver #1, the witnesses, and traffic
operations employee Nelson, I am unable to determine fault based
upon any violation of the vehicle code. This accident appears to-
be a result of the confusion caused at the intersection by the
malfunctioning traffic signal lights.
CTI EstriCk #4779
mt
Approved.: --~.
Date: