Capt. Michael Shepard, a 63-year-old Agua Dulce resident, died at a hospital the day of the Jan. 23, 2019, accident, which occurred at about 11:15 a.m. on the northbound Antelope Valley (14) Freeway, just south of Sand Canyon Road. According to a California Highway Patrol accident report, the Caltrans vehicle — a GMC 3500 with a dump truck bed that was part of a sweeper operation — was traveling in the northbound center median when it was rear-ended by Shepard’s Jeep.
A jury that heard trial of the family’s case reached its verdicts Thursday, March 10, after only a few hours of deliberations. The panel’s $5 million award was based on the family’s loss of Shepard’s love and companionship and their decision to split fault between the fire captain and the state, including a finding that Shepard’s negligence was a “substantial factor” in causing his death.
The plaintiffs in the Los Angeles County Superior Court lawsuit filed in September 2019 are his widow, Catherine Shepard; their son, Clint Shepard; and their daughter, Conni Billes.
The plaintiffs alleged Pedro Gonzalez Beltran‘s Caltrans truck did not have flashing or rotating amber lights and that there was too much distance between his truck and the vehicle behind it, making it more difficult to know that Beltran’s truck was part of the sweeping detail. But attorneys representing the state of California, Gonzalez Beltran and Herc Rentals Inc. argued Shepard caused the accident, saying he was not traveling at a “reasonable speed.” Instead of slowing down and making sure that he had passed all the vehicles involved in the sweeping operation, Shepard instead tried to pass another vehicle and crashed into the back of the dump truck, according to the defense lawyers’ trial brief.
Caltrans was conducting a sweeping operation with seven vehicles on the day of the incident, including one CHP vehicle, that required the “moving closure” of the left shoulder and the HOV lane of the freeway. Beltran was driving partially in the median shoulder and partially in the HOV lane when he stopped to remove debris from the center divider, the defense trial brief stated.
Caltrans employees testified in depositions that vehicles in a sweeping convoy must keep a safe distance between each other because even though they are driving at a slow speed, the dump trucks must stop often to pick up litter and debris.
“As such, the larger vehicles behind Beltran … had to maintain a reasonable distance in order to be able to stop accordingly,” the defense lawyers’ trial brief stated.
Although the plaintiffs said Caltrans maintenance and safety manuals show Beltran’s truck should have had flashing or rotating amber lights and a lesser distance between his vehicle and the Caltrans truck behind it, the defense attorneys stated in their trial brief that the manuals are only a guide and “cannot be used as a 26 presumption to negligence nor do the manuals establish a standard of care.”
Previous related stories:
State blames fire captain for fatal accident with Caltrans dump truck
Family members of fire captain killed in 14 Freeway accident sue state
LACoFD mourns the loss of fire captain killed in 14 Fwy crash
One person dead, Caltrans worker hurt in crash on 14 Freeway
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Buddy says
People need to pay more attention when driving. Speed kills. A life loss is always sad; what if he had hit and most likely killed a person just doing their job? The way this case panned out the person speeding would have gotten 10m
Shepard says
Let’s be clear about the facts!
The truck involved was a Herc rental! No lights, no safety equipment, just a pick up truck that pulled out. How about the driver of this unmarked truck that has several other incidents.
Fact check please instead of spewing your stupid comments Tim
Tim Scott says
I have no interest in relitigating your(?) case. The jury heard all that, and declared that “Shepard’s negligence was a substantial factor in causing his death.” It is a fact that that is what they ruled. If you don’t like seeing that fact in print, don’t look.
Meanwhile while I am sympathetic to your loss, assuming you really are a family member, your repetitious spewing about shutting of pie holes when you have no interest in backing it up makes you look silly and empty, and that makes it harder to be sympathetic.
Kathy says
Love to know who ( the families attorney is )
Award says
“…a finding that Shepard’s negligence was a “substantial factor” in causing his death.”
Negligence pays.
Tim Scott says
Well, it seems to have paid better for his family than it did for him.
Shepard says
Still trolling Tim?
Unless you were there at the accident shut the pie hole. You can read an article whoopie !
Shepard says
Happy to see you can read! You weren’t there and you have no clue! Shut the pie hole please!