Marked crosswalks at busy California intersections can create a false sense of safety, leading to serious pedestrian accidents. A recent case highlights Caltrans’ potential liability in approving dangerous crosswalks. Studies show these intersections increase pedestrian risk. If you’ve been injured at a crosswalk, understand your rights and seek legal counsel.
If you need to cross the street a busy intersection, you’re likely to wait for the traffic light to indicate when crossing is safe. However, many busy multi-lane intersections marked with crosswalks throughout California don’t have such a traffic light. For this reason, a San Mateo jury ruled this month that such marked crosswalks are often more dangerous than unmarked intersections because they give pedestrians a false sense of safety while crossing busy streets.
In 2006, 17-year-old Emily Liou was struck and killed by a vehicle at a marked intersection on the six-lane El Camino Real in Millbrae. The accident caused brain damage and left Liou in a permanent coma, requiring 24-hour care. ProtectConsumerJustice.com reports this week that the jury awarded Liou $12.2 million for medical damages and future loss of income but will deduct almost $2.5 million due to Liou’s 20 percent fault for wearing dark clothes at night and not seeing the vehicle.
The jury held Caltrans accountable for 50 percent of the fault for approving the dangerous marked crosswalk on such a heavily trafficked, six-lane street. “Caltrans had blamed our client and the driver,” said Richard Schoenberger, Liou’s attorney. “They systematically avoided any responsibility for their own crosswalk. The jury didn’t agree.”
Schoenberger is correct in saying that Caltrans knew about the dangers of marked crosswalks. Two reports by the Federal Highway Administration in 2002 and 2005, “Safety Effects of Marked Verses Unmarked Crosswalks at Uncontrolled Locations,” show a direct increase in pedestrian accidents at multiple-lane intersections with high traffic and marked crosswalks. Statewide, pedestrians account for only three percent of car accidents but 22 percent of accident deaths. The 2005 report concludes that intersections should have marked crosswalks only with street lights or in low-trafficked areas.
Over the past ten years, four other pedestrians have been killed at the same marked crosswalk as Liou, a terrible safety record. “[Caltrans’] defense was, look at how many cars went through that intersection,” said Liou’s other attorney, Doug Saeltzer. “They said there had been 90 million cars. But you can never adequately monitor pedestrian safety if you’re not actually monitoring pedestrians. And Caltrans has never systematically measured pedestrian crossing rates.”
No one’s suggesting the eradication of marked crosswalks altogether. However, Liou’s death and the Federal Highway Administration’s consistent findings indicate that Caltrans should study the dangers of such intersections and implement clear rules banning marked crosswalks at unsignaled intersections with high traffic and/or more than four lanes.
In light of the Liou case and the supporting federal studies, marked crosswalks at busy, unsignalized intersections pose a significant risk to pedestrians. Caltrans’s responsibility to approve and maintain these potentially dangerous crossings cannot be ignored. The focus should shift from solely monitoring vehicle traffic to actively assessing and improving pedestrian safety. This requires a thorough reevaluation of existing crosswalks and the implementation of stricter guidelines to prevent future tragedies.
The legal implications of these findings are profound. Injured pedestrians and their families may have grounds to pursue claims against responsible entities, including Caltrans, for negligence in creating or failing to mitigate hazardous conditions. It is imperative that those affected seek experienced legal counsel to understand their rights and explore avenues for compensation. Holding responsible parties accountable not only provides crucial support to victims but also catalyzes systemic change, pushing for safer infrastructure.
Ultimately, the safety of pedestrians must be prioritized. While marked crosswalks can be beneficial in certain contexts, their implementation at high-traffic, multi-lane intersections without proper signals or lighting is a recipe for disaster. By demanding accountability and advocating for safer infrastructure, we can work towards preventing future accidents and ensuring that all individuals can navigate our streets with confidence and security.
Photo credit: eflon