Westminster Pedestrian Accident Lawyer
There are some roadways that are just not safe for pedestrians. Even when motorists exercise caution or when pedestrians have the right-of-way, there are several dangerous and busy intersections in Westminster where accidents may still occur. When a pedestrian accident occurs due to dangerous or defective roadway condition, the governmental agency responsible for maintaining the roadway can be held liable. An experienced Westminster pedestrian accident lawyer can help victims better understand their legal rights and options.
Dangerous Roadway Pedestrian Accidents
There are a number of hazardous conditions that can result in a pedestrian accident. The governing body in charge of the roadway must make sure that the design and upkeep of the roadway is adequate. Here are a few examples of dangerous or defective roadway conditions that may lead to a potential claim:
- Inadequate shoulders, sidewalks, walkways: Some roadways are simply not designed for pedestrians. When a roadway is unfit for pedestrians, there should be signs posted to warn pedestrians.
- Negligent foliage maintenance: Something as simple as trimming trees and bushes can prevent pedestrian accidents. When a pedestrian crossing sign or stop sign is partially covered by branches, the governing body in charge of the roadway must act quickly to trim the surrounding trees. Failure to do so may affect visibility on the street.
- Poor lighting: One way to avoid being involved in a late night pedestrian accident is to increase your visibility. Roadways that have poor lighting can be extremely dangerous. Pedestrians should try to stay in well-lit areas. When there is a history of accidents at a certain area because of a lack of lighting, the government must fix the situation.
- Poor roadway maintenance: It is especially important for cities to maintain the roadway near intersections and crosswalks. Cars that strike uneven surfaces and potholes can veer out of control putting pedestrians in the area at great risk of suffering an injury.
- Dangerous design: There are a number of design errors that can prove dangerous for pedestrians. Is a crosswalk near a hill that has limited visibility? Is there an intersection at the end of a curve where drivers cannot stop in time? Does the crosswalk need flashing lights or better signage? Are the crosswalk lines faded?
Potentially Liable Party
When negligence on the part of a governmental agency results in an injury accident, it may be held liable for the injuries suffered by the victim. In such cases, the victim will have to show that:
- The accident resulted from a hazardous condition
- The governmental agency knew of the dangerous condition
- The agency's failure to fix the condition directly contributed to the accident.
- The victim suffered injuries and losses as a result
Proving fault in such cases can be a challenging process. A skilled Westminster pedestrian accident attorney can review all available evidence such as surveillance tapes, interview witnesses and work with investigators to prove how the accident occurred.
In some cases, it may be possible to show that the location had a history of similar incidents and that the government failed to rectify the problem. Accident claims involving governmental agencies must be filed promptly. Under California Government Code Section 911.2, any personal injury claim against a public entity must be filed within 180 days of the incident.
The experienced Westminster pedestrian accident attorneys at our law firm have an excellent track record of pursuing compensation from cities and other governmental agencies on behalf of seriously injured victims and their families.
We have the conviction, the resources and the tenacity to fight against these powerful agencies and help injured victims obtain fair compensation for their injuries, damages and losses. Please contact us for a free consultation and comprehensive case evaluation.