A California motorcyclist has filed suit against several public entities, including the San Bernardino County Fire Department, alleging that a fire truck damaged a water line and created roadway conditions that led to a serious crash. The case was filed earlier this month in San Bernardino County Superior Court.

According to the complaint, plaintiff Ian Ray Souza was riding his motorcycle westbound on Phelan Road near Buttemere Road in Phelan on the morning of November 20, 2024, when he “rode his motorcycle across a pool of frozen black ice and lost control.” Souza claims he was ejected from his motorcycle and sustained injuries and property damage.

The lawsuit alleges that hours before the crash, a fire truck “owned, operated and/or otherwise controlled” by the San Bernardino County Fire Department struck and ruptured a water pipe located at or near 9575 Buttemere Road. Water from the damaged pipe allegedly pooled on Phelan Road, froze, and created the ice patch that caused the crash. The complaint states that no warning signs, cones, or other protective measures were in place at the time of the incident.

Souza contends that the water line in question had been struck “multiple times prior to the incident by fire trucks and other emergency vehicles,” and that local citizens had reported those incidents to the Phelan Water Department and other agencies. The complaint asserts that the defendants “knew or should have reasonably known about this issue to have sufficient notice to correct the problem.”

Officer Alex Lugo, who responded to the scene, reportedly observed multiple vehicles losing control on the ice. His statement is quoted in the complaint:

• During my scene investigation, and clean-up of the crash scene, I observed multiple vehicles, including ones who slowed appropriately, lose control on the black ice.

The defendants named in the lawsuit are the Phelan Pinon Hills Community Services District, the City of Hesperia, the County of San Bernardino acting by and through the San Bernardino County Fire Department, and the State of California. Souza is seeking damages for negligence and for maintaining a dangerous condition of public property under California Government Code §§ 815.2, 835, and related provisions.

Here is a copy of the complaint.