California Injury Blog
The family of Dollie Wilson is calling for a stop light at the intersection in Victorville where Wilson was hit and killed by another drivers.
According to a CBS Los Angeles news report, the fatal crash occurred at the intersection of Lindero Street and Cypress Avenue on October 12, 2014.
Wilson was driving with her family through the four-way intersection, which has two stop signs and is notorious for
drivers who barrel through the traffic signs.
City is Examining the Need
One of the neighbors who talked to CBS said the intersection is so dangerous that she fears one of the cars is going eventually hit her home. When Wilson’s crash occurred she said the sound was like an explosion. The Wilsons say they want city leaders to install traffic lights and two more stop signs in the area to prevent more crosses from being left from fatal accidents.
The city engineer has said that he is waiting on the sheriff’s report before making decisions regarding what is needed for this dangerous intersection. A cross from another fatal accident can still be seen in the area. Officials are also looking into speed and alcohol as potential factors in the incident that killed Wilson. That investigation is still ongoing.
Liability in Dangerous Intersection Cases
In this particular case, if the other driver is determined to have been at fault, he or she can be held financially responsible for Wilson’s wrongful death. However, if this was indeed a dangerous intersection, which the city has not acted to fix, the city could also be held liable.
Under the provisions of California’s Government Code, Section 835, a public entity is liable for injuries caused by a condition of public property when the injured person proves that there was a dangerous condition on the public property at the time of injury and that the injury was caused by that dangerous condition.
The injured victim also needs to prove that the dangerous condition created a reasonably foreseeable risk of injury of the kind that occurred. Also, for a condition to be dangerous for purposes of government liability, it must be dangerous when it is used by motorists or others who are exercising due care as opposed to those who are themselves being negligent.
In such cases, it would be in the best interests of victims or their families to seek the counsel of an experienced San Bernardino personal injury lawyer who has successfully handled similar cases.