Motor vehicle accidents are not always caused only by the negligence of a driver. There are accidents which occur, at least in part, because of an improperly maintained area such as a crosswalk. Cities have a duty to maintain crosswalks in a condition that is safe for the public. Attorneys who handle motor vehicle accident cases on behalf of injured pedestrians need to be able to determine whether the case they are handling falls into this category.
Consider, for example, a reported case in which a motor vehicle hit a stroller with a baby that was being wheeled across the intersection by the baby's mother and aunt. As a result of the accident the child suffered severe head trauma leading to mental retardation, blindness, a seizure disorder, and an almost total inability to walk. The law firm that handled this matter settled with the driver for an immediate payment of $100,000, the total coverage available from the driver's insurance policy.
There will be a life-long need for medical treatments and life-care for the child. Given these needs such an amount is insufficient to protect the baby's future. Without underinsured or uninsured coverage adequate to cover the need this might have been all that could have been recovered.
But in this case the law firm then sued the city for the negligent maintenance of the intersection. The basis for such lawsuits is that it was foreseeable that an accident would occur at this intersection, that
the city had known of the risk, and that the city had failed to take appropriate measures to adequately reduce that risk. Several factors made up the basis for the lawsuit in this particular instance.
First, the intersection was uncontrolled. There were no traffic lights or stop signs to control traffic and protect pedestrians. Second, the intersection had previously had a painted crosswalk. The law firm uncovered studies which showed that this gives pedestrians the illusion of safety when they enter the crosswalk. The city had actually known about these studies prior to the accident. In fact, in response to the studies the city had previously attempted to black out the crosswalk lines but they had resurfaced and were visible at the time of the accident. Finally, the city had even received a letter from a witness warning the city of many "near-misses" at the location. In the meantime the city had done nothing further to black over the crosswalk lines or to install lights or signs to control the intersection.
By understanding how a defendant other than the driver could be liable for the accident, conducting a thorough investigation of the history of the intersection, and piecing the details together, the law firm that handled the case was able to present the city's liability during the trial of the case. As a result the law firm reported that the city settled the claim during trial for $2.0 million.
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