"My son fell into the void. With proper protection, the accident wouldn't have happened."

Barberá del VallésFriday, November 19, 2021. 10:00 p.m. A Peugeot 206 leaves the road on a sharp curve and falls down a nine-meter drop. Two days later, the police locate the car, overturned and with the body of a 21-year-old man, David Pérez Sempere, inside. When the family reported the young man missing, the police went directly to the place where the car disappeared, kilometer 23.1 of the C-59, near Sant Feliu de Codines, in Vallès. They knew exactly where the accident could have occurred.

"My son fell into the void. With proper protection, the accident would not have happened," laments Ester Sempere, David's mother. She is aware that the accident probably could not have been avoided, but she is certain that if the authorities had put the appropriate measures in place on that stretch of road, especially a fence, the "outcome would have been different."

In fact, just a few weeks after the accident, the barriers were installed: a double protection to prevent vehicles from leaving the road. Reflectors and vertical signs were also placed to warn of the danger. "They have the capacity to act quickly, but they didn't do so until the accident occurred," laments the lawyer handling the case, Ángel Aso. For Ester, this swift action by the Generalitat (Catalan government) to adapt the curve was an "acknowledgment" that "there were things that hadn't been done properly."

The Mossos d'Esquadra investigation indicates that the main cause of the accident was driver error, likely due to distraction. According to the police hypothesis, David "developed a false perception of the road layout," believed the curve was less sharp, and when he attempted to maneuver, he was too late. When the terrain was analyzed, it was found that there were no tire marks that would indicate a sudden maneuver. The car went straight ahead and, after hitting some rocks on the shoulder of the road, plunged into the ravine. The vehicle was hidden in the vegetation and no one saw it.

The Mossos d'Esquadra (Catalan police) indicate other indirect causes for the accident: lack of light, "failure to adjust speed to the conditions of the road," lack of road signs, and lack of driver experience, given his age. The car, however, was in third gear when it crashed, and David was working part-time as a delivery driver, using the Peugeot 206 himself. The Catalan police also noted that a vertical sign indicating a dangerous curve "would have alerted" the boy that he was entering a "dangerous" stretch of road.

A familiar curve

According to data from the Catalan Traffic Service, there have been 26 accidents at this kilometer point on the C-59 highway in the last 12 years, two with serious casualties and one fatality, the one in David. It is one of the black spots on the Catalan road network, a section with a high concentration of accidents, although not one of the most "significant," according to Traffic. The Mossos d'Esquadra report describes a road with "winding sections" and "sharp curves" where "there is no effective restraint." At this point, where "several accidents due to road exits" have occurred, "parts from several vehicles were found scattered," according to the police report, coinciding with "the center of the curve." That is, a few meters beyond where the car left the road. The law firm Aso Corporate, which is handling the case, estimates that the parts are from around ten different vehicles. Therefore, according to the police report, when the family reported David missing, the police "first went to this location," as it is known "for accidents that have occurred."

Over these three years, Ester has become her son's voice, calling for "justice" and ensuring a similar situation never happens again. "His life should serve to ensure it doesn't happen again," she repeats, accompanied by her two sisters, emphasizing the lack of "maintenance" on many secondary roads in Catalonia. The family applauds the traffic campaigns warning of the dangers of alcohol or distractions caused by cell phones while driving, but believes that in her son's case, there was negligence on the part of the administration, which should also be taken into account when compiling accident statistics.

The family believes that the accident, even if there had been proper signage, was perhaps inevitable, but with the fences properly installed at the beginning of the curve, David would not have "flown directly" into the void. Especially since that stretch had been identified as a black spot years before, and, just after the accident, the safety features were installed. The Department of Territory, Housing, and Ecological Transition has avoided providing detailed information about the actions carried out on this specific section, simply specifying that in recent years, "conservation and improvement actions have been carried out within the framework of the maintenance contracts available."

The day after the accident, the family was supposed to celebrate David's birthday. He had turned 21 that same week. But they spent the entire Saturday waiting for him to appear, until finally, after the 24-hour mandatory schedule recommended by the police, they filed a complaint. Since that day, they have fought to demand accountability, both for the poor condition of the road and the lack of safety measures, and have initiated legal proceedings against the Generalitat (Catalan government) and the insurance company Zurich. They are claiming more than half a million euros and are awaiting a trial date. The Generalitat (Catalan government), on the other hand, believes that the driver was solely responsible, which exacerbates Ester's injuries. "I'm missing any acknowledgement that something wasn't done right. I haven't received any messages of support, not even a 'I'm sorry,'" the mother laments.