Firefighter crash

Firefighters were headed to a fire alarm call when their engine collided with a pickup truck at Bethany Home Road and 29th Avenue on April 7.

PHOENIX (3TV/CBS 5) -- The relatives of a young family killed in an April crash with a Phoenix fire engine have filed a wrongful death lawsuit against the City of Phoenix.

A notice of claim filed July 3 alleges the Phoenix Fire Department was negligent in the deadly crash and requests a $25 million settlement.

[RELATED: Relatives mourn family killed in crash with Phoenix fire engine]

Firefighters were headed to a fire alarm call when their engine collided with a pickup truck at Bethany Home Road and 29th Avenue on April 7.

The crash killed the family in the pickup truck, 20-year-old Kenneth "Chase" Collins, 19-year-old Dariana Serrano and their 4-month-old baby.

The crash sent the fire truck rolling several times onto a field near a school.

All three firefighters inside the fire engine were injured because of the crash.

The notice of claim says the Phoenix Fire Department and the driver of the fire engine, identified as Paul Kalkbrenner, nephew of Fire Chief Kara Kalkbrenner, “were negligent and that negligence caused the deaths” of the young family.

[READ MORE: PD: 3 civilians dead, 3 firefighters hurt in Phoenix crash]

"This negligence includes, but is not limited to, failing to safely, prudently and reasonably operate the fire truck, driving the fire truck at an unreasonably high rate of speed, violating the Arizona Motor Vehicle Code, failing to make any evasive action, negligent hiring, retention, supervision, training and entrustment, and ratification," according to the claim.

Investigators initially said the fire truck was traveling west on Bethany Home to a report of a structure fire with lights and sirens on. The pickup truck made a left turn in front of the fire truck, police said.

However, police have yet to release a report of the crash to the family or public. As such, the claim cites it is unknown whether the fire engine was "responding to an emergency, what 'code' any such emergency was, and whether the fire engine was driving with its siren and/or lights flashing."

 


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(56) comments

RichardFish

Claims include "driving the fire truck at an unreasonably high rate of speed"....seriously? If your house is on fire, or your family in danger, or a loved one having a medical emergency, what would you consider to be an "unreasonably high rate of speed"?



Also, don't make turns in front of vehicles travelling at high speed....especially not HUGE RED FIRETRUCKS!!!



I feel sympathy for the family tragedy, but this is a result of a bad decision by the driver, and the lawsuit is junk.

Dill_McPickle

The Engineer should sue the family of the driver as well as the insurance company for their client failing to stop for an emergency vehicle, turning into oncoming traffic this resulting in 4 injured Dire Fighters and killing his own wife and child...not to mention the emotional damage this has caused this Engineer and his crew. These people need to take their lawsuit and shove it up there poo hole.

Dbreath you're a b.itch

This is the wreck involving the guy that made a left turn in front of the oncoming vehicle? Who is it again that has the right of when you're making a left turn? The on-coming traffic does. This is something that seems to be VERY difficult for the typical Arizona driver to grasp for some reason. Smh.

RichardFish

Indeed. Many, many years ago, when I was 16 or 17yo, I was involved in a collision where a driver made a turn in front of me. No injuries, thankfully, just some body damage. The other driver tried to claim in traffic court that I was driving too fast, so they shouldn't be responsible..... but the judge made it very, VERY clear that it didn't matter how fast I was driving, that I had the right of way, and they were at fault for failing to yield. (I *WAS* also cited for excessive speed, which is why I was also at traffic court that day.) But in the end it was their insurance that had to pay all damages.

JustinP

lights and sirens and still turning left in front of a speeding firetruck? who is the money going to? I strongly encourage the city to countersue for damage to the firemen and the truck.

Daffy

Inbreeds, its in thier cousin marriages, brains just do not work right no amount of beans protiens will help . Las endogamas, en sus matrimonios de primos, los cerebros simplemente no funcionan bien, ninguna cantidad de frijoles protiens ayudará. [censored]


Evillynn

Feels like they know $25 mil is extreme and they did this in hope of a settlement...which would still pay out $$$$. Settle to avoid court time n fees. Not necessarily because they are at fault. Sounds like a con n scam lawyer tactic.[thumbdown]

HMI

Or, perhaps the family is not satisfied with the explanation they are being given. A claim can be used to get a detailed report. All we know about this accident is what the media has told us. The media is often wrong or biased.

Everyone one of us would want to know the truth.

nutsplash

You are wrong Mexico shut up pig.

nutspIash



Lavo los inodoros en la estación de autobuses por la noche. Tengo que mantener a mi hermana conmigo porque ella saldrá y tendrá sexo con los niños si no lo hago.

Tony G

I had the exact same thought. Plus, the city may offer a settlement to avoid litigation.

Cottoncandy

Looks like cover up in responsibility due to nepotism. Just like the case for Russel Pearce's son, Sean Pearce. Killed a man going over 80mph, lied about responding to a chase, and got off scott-free from any responsibility. Oh my bad, he paid $714 fine for speeding. Be proud, AZ Tax Cows, you get to foot his pension, as he is still employed last I heard. This "senator's son" will get the same treatment.

HMI

The crash report for the 2007 helicopter crash was dramatically different than what was reported in by the media in the immediate aftermath. Might be best to hold our judgement here.

nutsplash

Best you hold my 8======D

nutspIash



Learn to pronounce

¡Soy un amante mexicano y mi madre es una prostituta de tijuana!

nutspIash



Tengo un pene pequeño y es por eso que tengo que dibujar uno grande para sentirme mejor.

Dean

emergency or not the idiot turned in front of another vehicle so should have to pay for all the damage to the firetruck as well as medical bills for the firefighters. of course they most likely have no insurance, maybe even no registration. That is the way they work back home.

azrider

at fault and profiteering off our community. it's the american way. tort reform could never, ever come soon enough.

HMI

Everyone complaining about this lawsuit would have done the the same thing had their family members been killed. Everyone one of you.

JF Conlon

No.

HMI

Hey JF, recommend you reading the last paragraph again. Family is not being told anything. All we know is what the media told us. Now tell me again how you wouldn't file a claim if your loved ones were killed. HS

1stupidsailor

Speak for yourself. You assume that because you want a money grab at the expense at others for something stupid that YOUR family member did, others would as well. Fortunately, not everyone is like you. I would be upset, but in any traffic situation he was in the wrong, let alone doing so in front of the largest and most obnoxious type of emergency vehicle out there. He acted stupidly and his family paid for it, but that doesn't make the taxpayer responsible for it.

HMI

I know you believe that but you and everyone else on here would file a claim.

JF Conlon

No.

nutsplash

Hmm that is only what useless stealing mexicans , blacks, and Asians do. You are clearly of that breed.

nutsplash

No us non mexicans do not do that.

nutspIash



¡Mi padre tiene que esperar a trabajar en Home Depot porque los blancos tienen todos los buenos trabajos!

RichardFish

Nah. I don't make turns in front of fast moving vehicles...especially not HUGE RED FIRETRUCKS!!!

Halfbreed

Judging by the "claim of negligence" it appears Phoenix's ambulance chasers have become hearse chasers now.

Chris

This idiot TURNED LEFT IN FRONT OF A MOVING FIRE TRUCK!! I can't even believe they would have the guts to try and sue over this. It was that guy's fault, no question, no argument, no case! First, he failed to pull to the right and yield to the emergency apparatus, second, he TURNED LEFT IN FRONT OF THE FIRETRUCK! That means that this accident is entirely his fault.

I'm sure the dirtbag lawyer who is working with this family just threw out the big number hoping that Big Red will settle, but not this time!

Like someone else said, I hope the City of Phoenix, and all firefighters in the truck sue the family right back.

This is absolutely insulting!

HMI

"entirely his fault" ? Did the police release the results of an investigation? I must have missed it. Oh wait, you are going strictly on media reports. Got it.

fischer66

The car was taking a left turn and hit the fire truck. Anyone taking a left turn, has to yield to oncoming traffic. Text book.

HMI

I've noticed emergency vehicles going a lot slower after this tragedy. Anyone else notice this?

Halfbreed

No

nutsplash

Suing for thier so called loved ones own stupidity. Looking the woman's name Dariana Serrano, of course there is a money grab. Go immigrants and dreamers keep raping our society and public funds. Too bad they all were not crammed in that mexitruck.


AZtransplant

Take your racist comments somewhere else. I will be glad when Resident Dumpy is out of office and hopefully the next President enacts some common sense laws to put you racists in prison when you let stupid comments like that come out your mouth or when you post comments like that on Social Media

MikeinGilbert

A little off subject aren't you? So you can't wait until President Dumpy is out of office. I suppose you'll be happy with another incompetent like obumbles. I just say no thanks.

nutsplash

Take you punk azz back to Mexico loser. Truth Pisces you off I see

nutspIash



¡Y llévame contigo porque extraño mucho a mi abuela! ¡Amo a México y los Estados Unidos me odian!

nutspIash



¡Le robo a mis padres todos los días porque no me dan dinero para el almuerzo!

JF Conlon

How can the family sue the PFD if the accident report isn't filed? If the family has yet to see the report, how does their lawyer come up with all his allegations? What am I missing here?

nutsplash

Because...Mexicans


AZtransplant

What a racist piece of $hiite you are

nutsplash

Mexican pig shutup

nutspIash

Y yo también tengo un gran culo gordo

nutspIash

Sorpresa niña!

HMI

A better question is how could they not sue if an accident report has not been filed. Seems like there has been ample time given to file the report.

MikeinGilbert

25 million dollars seriously? If what I have heard is true (that the pickup made a left turn in front of the firetruck) the judge should just throw this lawsuit out.

Tony G

I meant to say, by not pulling over to the right.

Tony G

Although I am sorry for the loss of the family, I must say that if the truck was heading to an emergency, the lights and sirens should have been and probably were activated. If so, it is the public's responsibility to clear the roadway for the approaching emergency vehicle. All too often, I see people disregard the law by pulling over to the right and coming to a complete stop, not blocking any streets that the responding vehicle migh turn down. Not saying the fire truck driver didn't do anything wrong, but 99 times out of 100, it is the other vehicle's fault for not obeying the law. It's an unfortunate incident in which the outcome will be most interesting.

1stupidsailor

I like how scr*w is now considered profanity here. Adorable.

nutspIash



¡Eso está bien! ¡Puedes dibujar un pene estúpido como yo!

1stupidsailor

It's a fire truck. Move the **** out of the way. I hope the lawsuit is crushed and the family looking to win the ghetto lottery has to pay legal fees. Sometimes our relatives mess up, doesn't make it the fault of whomever has the deepest pockets. Even if the lights and sirens weren't on, he still turned in front of another very large, very obvious vehicle. Maybe the firefighters injured can countersue the family.

xrilander

"The pickup truck made a left turn in front of the fire truck" Case dismissed!

Chris

10 years ago, a woman(mexican) turned left in front of me at an intersection and caused a t-bone accident. It was entirely her fault without question. Guess what she tried to do? Yep, she tried to sue my insurance company, and guess what else, she had ZERO insurance! Incredible!

These people are nothing but scam artists and criminals.

Tony G

Maybe that's the way it works in their country. [scared]?

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