My nephew suffered from cerebral palsy and had difficulty walking. He was hit by a car and killed when he tried to cross the street but was unable to make it before the light changed. Is the driver liable even though my nephew was in the intersection against the light? Is the city liable for not providing a walk signal that was long enough?
The driver is most likely liable for your nephew’s death. Even though your nephew was in the intersection after the light changed, the driver should have had the “last clear chance” to avoid hitting your nephew. The driver’s negligence or recklessness is what caused the accident.
If the walk signal is so short that it is difficult for those without disabilities to cross before it changes, or if this particular walk signal is used by a large number of disabled people due to its proximity to a sheltered workshop or similar facility, the city may have some liability for having a short walk signal. However, generally speaking, the city cannot program every walk signal to be long enough for every person with any disability to get across the street before the signal changes so it is unlikely that the city will be found more than very slightly liable.
The types of damages that will be available to your family for your nephew’s death will include reimbursement for any medical and burial expenses and compensation for the loss of your nephew’s companionship and any future earnings that may have helped his family. Although your nephew suffered from cerebral palsy, there is no reason to believe that he would not have held jobs and been able to assist with the family’s expenses.
State Law Center
|
Legal Resource Directory
|
Legal Articles
|
Insurance Advice and Quotes
|
FreeAdvice Answers
|
Community Forums
