A family from Wichita, Kansas was on vacation in Tucson, AZ when tragedy struck. Their son, 20 years old, was killed by oncoming traffic as his brother attempted to complete a left turn at a busy intersection. The family is now suing the City of Tucson and the State of Arizona for failing to improve the intersection after multiple complaints.
The incident occurred in January of 2016, after the victim, Andrew Boyles, and his brother left a movie they had just seen. Boyles was in the passenger seat as his brother turned left onto a major road during a green light, allowing Boyles to take the full impact of the collision.
Carl Piccarreta, the family's attorney says that there are major visibility issues at this particular intersection. He believes that accident could have been prevented with better roadway engineering and signage. For example, there is no indication that drivers are crossing a state highway when they turn left, which may leave them unprepared for high speeds. In addition, there is low visibility so drivers cannot see far enough to judge whether or not there is time for them to complete a left turn.
In fact, the lawsuit states that both the city and state “had knowledge of a serious and ongoing problem with collisions in the intersection" and "failed to take reasonable action to make the intersection safe." An investigation by News 4 Tucson may support this claim. After looking through records, they found that in the four years prior to Boyle's death, there had been 29 separate non-DUI related crashes at that particular intersection, including 19 that were “near-identical” and one other death.
The family believes that this record shows that the city and state were both negligent in their duty to properly design, construct, repair and/or maintain” the roadway which created an “unreasonably dangerous conditions for motorists."
Ed Boyle, the deceased's father, told the news organization that his family has had a hard time coping with the loss. "He's our baby. You just miss him so much. There's no way to explain that. Unless you've lost a child there's nobody that can understand."
One year after the accident, Ed went back to the intersection where his son's death occurred. He says that brush had been removed from the median and a left protected turn signal had been added by the Tucson Department of Transportation in July of 2016. Ed commented, "If it had been like that I know for a fact my son would be here. It wasn't like that when he went through.”
The lawsuit seeks damages for wrongful death in the case of Andrew Boyles. It also claims compensation for injuries sustained by Andrew's brother, Eric, medical expenses for the two boys, burial expenses for Andrew, property damage, and the “loss of love, affection, companionship, and other pleasures of the parent-child relationship.”
If you or a loved one was harmed in a motor vehicle accident involving a dangerous roadway, you may be eligible for compensation. Make the call to The Law Firm of Jeremy Rosenthal today at (303) 285-2223 to discuss the circumstances of your case or contact us online.