They are entitled to a safe transport network, free of hazardous situations in crosswalks, and crossroads without fear of being hit by a vehicle. Designing and implementing safe and convenient pedestrian crossings is a legal requirement for city planners.
Pavement patterns in designated crosswalks are marked with yellow or white. When a crosswalk is well designated, it might provide the impression that the pedestrian is protected from approaching vehicles and is thus safe. In contrast, crossing the street at junctions without traffic controls, such as stop lights or semaphores, or those with inadequate illumination or other difficulties impacting sight, may be very hazardous for pedestrians. We need a Stockton wrongful death attorney if we fall on the road unintentionally and an accident occurs.
Since showing an unsafe state exists is the first stage in proving a public entity’s obligation, this article will concentrate on that subject.
- What Constitutes A Dangerous Crosswalk Situation?
There is a considerable risk of harm when the parcel of land is utilised as intended, and with due care and foresight, which stipulates that a hazardous situation is not a small or unimportant risk.
Because of the multiple levels of government culpability, a lawyer should always consult with a traffic safety specialist before assessing if a hazardous condition/crosswalk lawsuit is plausible. Among the first things to inquire about is whether or not the crossing in question has been the scene of any previous accidents. A report from the Statewide Comprehensive Traffic Records System (SITRS) contains this information. It may be possible to prove foreseeability and awareness of potentially harmful situations if the crossing in issue has a long history of occurrences
- Congestion In The Vicinity Of A Crosswalk
Supplemental security measures should be in place if the crossing is situated in an area with high traffic density, numerous lanes, or a higher speed limit than the surrounding regions. Speed tables, for instance, or traffic signals, are examples. There should be a full investigation of the traffic conditions that impact this crossing by a traffic engineering specialist.
- Problems With Lighting And Visibility
If the event occurred during the daylight, a traffic expert should investigate if sunlight might have influenced driver vision and whether there were improvements that could have been made to limit the risk of sun blindness. Analysis of illumination conditions would be crucial if the crash occurred in the dark. Be careful that if the lights were found to be malfunctioning, the government is mainly protected.
- Conditions That Prevent A Dangerous Condition From Being Created
A finding of a hazardous situation is far less likely if there are signs, indicators, or flashing lights accompanying the crossing. If the Hazardous Condition requirement is established, other safety measures like higher medians, islands, curb extenders, islands for crosswalks, and better illumination will all work against it.
- Government Exemptions
It is possible to show the presence of a hazardous situation on public land, but government institutions are protected from culpability by several legislative immunities. Design immunity is one of the most challenging governmental immunities to overcome. Government bodies and engineers employed by them are protected by this provision if the relevant property is constructed following reasonable and authorised design plans.
When a hazardous state develops for reasons other than the “simple failure to provision” of controls or signs, the government may be held liable. The route may be obstructed by impediments, blind spots, or varying elevations, for example. Because of the absence of signs and signals, if the crossing is placed in an area that has a large number of pedestrians, or where the speed limit is high, or where there have been previous cases of injury, it might result in a hazardous scenario.
Research and analysis should be done before taking on any crossing case that might be potentially deadly. An expert in traffic engineering may save you time and money by determining whether legal action against you is valid.