A PEDESTRIAN is crossing a typically busy street in a marked mid-block crosswalk. A car approaching the crosswalk in the slow lane sees the pedestrian crossing and stops for the pedestrian. This car blocks the view of another car approaching the crosswalk in the fast lane. There is no stop. The driver of the car in the fast lane is only required to stop if they see someone in the crosswalk. The driver of the car in the fast lane does not understand that the driver of the car in the slow lane has stopped for a pedestrian in the crosswalk. The driver of the car in the fast lane continues driving straight and strikes the pedestrian in the crosswalk and kills the pedestrian.
This particular crosswalk has a few previous similar incidents. Is the City responsible for creating a dangerous condition by not putting up a traffic signal to protect pedestrians?
Government Code section 830.4 states that the City is not liable for a dangerous condition created solely from the failure to provide traffic control signals, stop signs, or other traffic control signs. This code section is, however, slightly not as clear. There are case laws that have defeated this Government Code section.
During the initial investigation, my office will help your attorney assess the facts surrounding this accident.
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The opinions, beliefs and viewpoints expressed by the author do not necessarily reflect the opinions, beliefs and viewpoints of the Asian Journal, its management, editorial board and staff.
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If you have further questions, an experienced Injury Lawyer at the Law Offices of Tavakoli & Associates will be able to help you navigate the issues and provide you with the aggressive representation you need and deserve.
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