Q: After dark, my son was riding his bicycle on a straight road running north to south, with two lanes in each direction, divided by a double yellow line. The western side was bordered by storefronts, and the eastern side by parkland.
The City had already received several letters complaining of speeding – that the road was being treated as a racetrack. The complaints were routed to the Department of Transportation. The DOT conducted four studies before the accident, although only at intersections, found that many vehicles were speeding and notified the police after each study. Still, the City never implemented traffic calming measures, such as speed humps, narrowed lanes, rumble strips, roundabouts or raised crosswalks, among others.
As my son attempted to cross the road in the middle of the block, he was struck by a southbound vehicle traveling at a speed of at least 54 miles per hour, whereas the speed limit was 30.
A: Your attorney will argue that the accident arose from the City’s failure to maintain the road in a reasonably safe condition, by implementing traffic calming measures. The City was made aware through repeated complaints of ongoing speeding along the road, the City could have implemented roadway design changes, and yet the City failed to implement any such changes.
The City may choose to contend that the driver’s reckless and criminal speeding was a superseding cause of the accident. However, your attorney will point out that, no, the City’s own negligence made such speeding a reasonably foreseeable consequence.
By: Scott Baron,
Attorney at Law Advertorial
The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel. This article shall not be construed as legal advice.
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