A construction worker hit by an allegedly stolen vehicle while the driver was fleeing from California Highway Patrol officers in Vacaville last April has filed a lawsuit against the CHP and Caltrans over his injuries.

The civil complaint by Christian Ibarra alleges that CHP officers breached their duty to the public by engaging in a high-speed pursuit through a construction zone.

Ibarra was employed as a union ironworker doing rebar installation on Interstate 80 when he was struck by a vehicle on April 25, 2023. Court records confirm the vehicle was driven by Damani Mathews Jr., who was allegedly fleeing from law enforcement in a stolen vehicle.

“California Highway Patrol breached (their) duty when CHP officers recklessly engaged in a high speed pursuit on Highway I-80 through a construction zone,” the plaintiff alleges.

Ibarra suffered major injuries as a result of the pursuit, according to the lawsuit.

Weighing the risks

Michael Barday, a spokesman for the CHP’s Solano-area office, declined to comment on this particular case, but did say that CHP pursuits are a “constant evaluation of risk versus gain.”

“The CHP has stringent policies in place which each officer continually reviews frequently, and must abide by,” Barday said in an email to Bay City News. “There are times a pursuit is necessary and effective to apprehend someone who committed a crime, but it is undertaken with the most regard for public safety.”

Mathews, the driver, was arrested on suspicion of carjacking and evading police. He is facing felony charges for using a gun to take a vehicle without the owner’s consent, possessing a stolen vehicle, and fleeing from police with wanton disregard for public safety.

“There are times a pursuit is necessary and effective to apprehend someone who committed a crime, but it is undertaken with the most regard for public safety.” Michael Barday, CHP spokesperson

Mathews remains in custody on $300,000 bail and does not yet have a trial date. Court records indicate he is a candidate for diversion from criminal proceedings due to mental health concerns. He was on parole at the time of the crash and it was subsequently revoked.

Ibarra, the plaintiff, also alleges that Caltrans and the Solano Transportation Authority, which oversees transportation planning and projects in Solano County, failed in their duty to provide adequate safeguards in his work area.

The plaintiff’s lawyers have argued the traffic control measures Caltrans and STA placed in the worksite didn’t prevent Mathews’ vehicle from striking Ibarra.

Ibarra’s attorneys at Arns Davis Law did not immediately return requests for comment. A spokesperson for Caltrans declined to comment on pending litigation.