Nield Law Group, APC Logo
Nield Law Group, APC Logo

800-827-1458 For Personalized Legal Advice 

  • Home
  • Attorneys
  • Personal Injury
    • Motor Vehicle Accidents
    • Premises Liability
    • Wrongful Death
    • Medical Malpractice
  • Testimonials
  • Articles
  • Blog
  • Contact
Nield Law Group, APC Logo
1-800-827-1458
  • HOME
  • ATTORNEYS
  • PERSONAL INJURY
    • MOTOR VEHICLE ACCIDENTS
    • PREMISES LIABILITY
    • WRONGFUL DEATH
    • MEDICAL MALPRACTICE
  • TESTIMONIALS
  • ARTICLES
  • BLOG
  • CONTACT
  • X Close

Crosswalk accident fatality leads to $9.5 million jury verdict

On behalf of Nield Law Group, APC | Aug 13, 2016 | Pedestrian Accidents

A municipality or state agency can be responsible for paying damages to victims who died or were seriously injured due to road conditions that the government unit should have corrected or repaired. That was essentially what happened in a recent jury verdict that awarded the family of a deceased 62-year-old man $9.5 million in damages against the California Department of Transportation (Caltrans) in connection with a fatal crosswalk accident. The award came after a two-week jury trial brought by the family in San Mateo County Superior Court.

The man was walking his bike in a crosswalk in Atherton in Sept. 2010 when a vehicle driven by a Stanford man crashed into him. The jury found the driver only 10 percent liable for causing the accident and put the remainder of the blame on Caltrans. The agency promised to install pedestrian-activated stop lights at the intersection in 2012 after two women were seriously injured in the same crosswalk.

The plaintiff presented expert evidence that established that marked crosswalks without stoplights are actually more dangerous for pedestrians than unmarked ones. The plaintiff also proved that Caltrans knew of the dangerousness of not having stoplights. The theory presented and explained by expert testimony was that marked crosswalks give pedestrians a false sense of security, when actually drivers may not see them in the crosswalk due to other traffic.

It is likely that the plaintiffs presented expert testimony from road designers and engineers, including safety experts, who are particularly knowledgeable on the issue of crosswalks. When a state agency or government unit in California has knowledge of a dangerous condition to motorists and/or pedestrians, it must take reasonable steps to make the condition safe and to help prevent a future crosswalk accident from occurring. Generally, a state or government agency will not be liable if it had no notice or knowledge of the dangerous condition.

Source: almanacnews.com, “Jury: Caltrans 90% responsible for Atherton crosswalk fatality“, Barbara Wood, July 29, 2016

  • Facebook
  • Twitter
  • LinkedIn

Recent Posts

  • How to launch a wrongful death suit in California
  • Pedestrian and cyclist deaths soar in 2019
  • A government watchdog criticizes pedestrian safety rules
  • Why are pedestrian accidents on the rise?
  • What to know about dog bite cases

Categories

  • Birth Injury
  • Car Accidents
  • Dog Bites
  • Firm News
  • Medical Malpractice
  • Motorcycle Accidents
  • Pedestrian Accidents
  • Wrongful Death

RSS Feed

Subscribe To This Blog’s Feed

FindLaw Network

Contact The Firm

Nield Law Group, APC Logo

Toll Free

800-827-1458

Encinitas Office

681 Encinitas Blvd.
Suite 315
Encinitas, CA 92024

Map & Directions

Los Angeles Office

6033 W.Century Blvd
Suite 605
Los Angeles, CA 90045

Map & Directions

Desert/Inland Empire Office

60222 Angora Ct.
La Quinta, CA 92253

Map & Directions

Breckenridge Office

400 North Park Ave
Suite 10-B
Breckenridge, CO 80424

Map & Directions

Pepperdine University School of Law Seal
Lead Counsel Rated Logo
Consumer Attorneys of San Diego Logo
American Board of Trial Advocates Logo
Rated by Super Lawyers Logo - Edgar R. Nield
  • Follow
  • Follow

© 2021 Nield Law Group, APC. All Rights Reserved.

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw, part of Thomson Reuters

Review Us