Cypress Pedestrian Accident Attorneys
There are many potential causes for a Cypress pedestrian accident. Many collisions between motor vehicles and pedestrians involve negligence by the driver or the pedestrian. Some accidents, however, occur at locations that are simply not safe for pedestrians. In such cases, it must be determined if the accident occurred as the result of negligence on the governing body in charge of maintaining the roadway. A Cypress pedestrian accident lawyer who has a successful track record of pursuing compensation from governmental agencies will be able to advise injured victims and their families regarding their legal rights and options.
Cypress Pedestrian Accidents
According to California Highway Patrol's Statewide Integrated Traffic Records System (SWITRS), only one person was killed in a Cypress car accident and that person was a pedestrian. Additionally, 14 others were injured during that same year as a result of Cypress pedestrian accidents. Throughout Orange County, 41 people were killed and 864 were injured in pedestrian accidents.
Dangerous Intersections and Roadways
If an intersection or the section of a roadway has had a history of pedestrian accidents, it must be determined if the roadway was defectively designed or maintained. Some locations are simply not safe for pedestrians. A few examples of hazardous conditions that can result in pedestrian accidents include:
- Dangerous design: Crosswalks and intersections should not be placed on tight turns or steep inclines. At these types of locations, drivers may fail to notice pedestrians who are legally crossing the street until it is too late. For example, an unmarked or unlit crosswalk can pose significant dangers to pedestrians especially in adverse weather conditions or at nighttime when visibility is reduced. When numerous accidents occur at the same intersection, it must be determined if the roadway was defective and if the governmental agency in charge of maintaining the roadway had sufficient notice and time to fix the problem.
- Poor maintenance: Are there trees or shrubs blocking traffic control devices? Are the crosswalk lines faded or worn? Are there potholes or uneven surfaces on the roadway? The governing body in charge of the roadway is required by law to keep the road safe for pedestrians and motorists. When an accident occurs as the result of roadway defects that could have been simply fixed, the city or governmental entity in charge of maintaining the roadway can be held liable.
- Lack of sidewalks and shoulders: There are some roadways that are not designed for pedestrians. When it is not safe to walk alongside a roadway, there should be warning signs posted. Warning signs should also be posted on sidewalks that are closed for construction or repairs. Most cities require contractors and construction companies to provide an alternative route for pedestrians who cannot use a sidewalk or walkway during construction.
- Dangerous off-ramps: Vehicles leaving the freeway may still be traveling at a rate of speed that makes them extremely dangerous to pedestrians. If the off ramp is not long enough to allow the driver to slow down, pedestrians who may be legally crossing at the light on an off-ramp may be in danger.
- Lack of signs: Some intersections have no posted signage. For example, when a crosswalk is not marked with lights or bright signs, motorists may not realize that they are approaching a crosswalk until it is too late.
Determining liability for a pedestrian accident, however, can be a complicated process. In order to hold a governmental entity accountable for a pedestrian accident, the victim must prove that the accident occurred at a dangerous location, that he or she was injured as a result of such a hazardous condition and that the dangerous condition was not fixed in a timely manner. Under California Government Code Section 911.2, any personal injury or wrongful death claim against a public entity must be properly filed within six months of the incident.
Victims of dangerous roadway accidents can seek compensation for medical bills, lost wages, pain, suffering and other related damages. The experienced Cypress pedestrian accident lawyers at our firm have an excellent track record of pursuing compensation from government agencies and other at-fault parties on behalf of severely injured victims and their families. To obtain more information about pursuing your legal rights, please contact us for a free consultation.