If you or a loved on has been injured in a crosswalk give us a call and maybe we can help you get the compensation you need to move on with your life.
DANGEROUS CROSSWALKS
Pedestrians are legitimate users of the transportation system and have the legal right to cross roads safely and efficiently -while the government planners and engineers have the legal duty to plan, design, and install safe and convenient crossing areas.
Marked crosswalks are delienated by white or yellow painted markings placed on the pavement. Pedestrians often feel that if they use a marked crosswalk when crossing a street they are in a "safe zone" and therefore are de facto protected against oncoming vehicles. Crosswalks, in reality are often death traps if located at "uncontolled" intersections (intersections without traffic signals or stop signs) or at midblock intersections.
INADEQUATEE DEATH TRAPS
Many of these crosswalks- due to inadequate traffic-controlll devices, inadequate ligthing or other visibility problems are highly dangerous to pedestians and are "death traps" that noboby should be using.
In California according to the Department of Motor Vehicles website, pedestrians deaths account for approximately 22 percent of all traffic-collission fatality cases. Indeed, the magnitude of unecessary deaths and injuries at uncontrolled marked crosswalks has driven increased awareness of this issue. As a result in December 2017 the Federal Highway Administration issued a memorandum of outlining acceptable methods of safety features to help increase pedestrian safety, specifically marked crosswaks.
DESIGN AND PLACEMENT OF CROSSWALK
One of the things a Lawyer will analyizie is the design and placement of the crosswalk by the government agency. And wether that design and placement was a contributing factor to the injury.
WHAT IS NEEDED TO PREVAIL ON A CROSSWALK LAWSUIT?
In order to prevail on a crosswalk lawsuit for an injury claim resulting from an allegedly dangerous condition there must exist a " dangerous condition on public property" that due to negligence of conduct of the entitys failure to warn after having actual constructive notice of the condition, created an reasonable foreseable risk of the kind of harm that occured. And all governmental statute of limitations must be be defeated.
WHAT IS CONSIDERED A DANGEROUS CROSSWALK?
A "dangerous" condition is one that creates a substantial risk of inury when such property, or adjacent property is used with due care and in the manner in which it was meant to be used therefore, is someone uses the crosswalk in the manner in which it was supposed to be used and the crosswalk still caused harm then there could be liability on the part of the government if all the other factors are present.
If you or a is severely injured while crossing in a marked crosswalk. We will explore whether that crosswalk was "dangerous" and if the design, placement, and/ or layout of the crosswalk contributed or caused the harm.
WHAT FACTORS ARE TAKEN INTO CONSIDERATION FOR A "DANGEROUS" CROSSWALK?
Prior accident history whether prior accidents have occurred at the crosswalk and when those accidents occurred.
Pedestrian behavior/ demographics
determine the the traffic at various times and when that traffic is at its highest and what that traffic is like.
Traffic what is the speed and volume of the traffic how heavy is it and at what times is the traffic heavy or light. Was there certain things that should have been done to increase the safety of the crosswalk especially at certain hours of the day.
other visibility issues lighting etc. and if there were any other issues that should have been taken into consideration.
If you have been injured in a crosswalk you will have a lot of questions give us a call at 559 441-1418. and we can help you.
