Sue for traffic light?

[Broken&Angry]

What is the name of your state (only U.S. law)? FL

Hello to all. I have a major question that i'd like to pose here before beginning to actively seek legal representation. Two weeks ago I was involved in a traffic accident that was not my fault (deemed so by both insurance company and law enforcement). I would like to know if there is any way I can sue a town for the installment of a traffic light.

Here's an explanation as to why i'm asking what I am. I live in a slightly rural area. Its mostly horse farms and homes with larger pieces of land, nothing too far out. Its located about several miles west of a major city. There is a 2 lane road going out to the area, and another 2 lane road running parallel traveling back into town. A gas station is located in between the rural area and town. Directly in front of the gas station is empty land with the roads running in between, meaning that one can only go left or right. In order to travel west into the rural area one has to exit the gas station, travel over the 2 lane road that runs east into town, pause in the center if there is oncoming traffic, then make a left. To travel east, one has to exit the gas station and make a right turn into the 2 lanes heading into town. The problem is that there is no traffic light in front of the gas station. Many times someone exiting the gas station only seems to be looking to the right checking for oncoming traffic, but never notices the oncoming traffic to their left until its too late. They pull out and boom, a car hits them on the side (which happened in my case. Driver pulled out right in front of me and I had no time to stop before hitting their rear end as they passed to my left as the posted speed limit on the roads is 55mph). There is literally an accident there every month, 2 people have died in the intersection this year alone, and several died in the intersection last year. That doesn't even take into account the people who have been killed or been involved in accidents in prior years. The residents of the rural area have petitioned numerous times for the installment of a traffic light in the intersection but nothing has ever happened. We basically get "we're looking into it" while in the meantime people keep dying. I've had enough. I was lucky this time that it was only myself in the car but there have been numerous other times my wife and children were in the car and we narrowly missed being in an accident. Its so bad i've always been afraid to drive past it for fear of someone pulling out in front of me. Well, guess my number came up and now I want to fight even harder to do something about it so it stops happening. I would like to sue the city for the installment of a traffic light in this clearly dangerous intersection. If I can't get a light, then I would like to sue for the amount necessary to have a traffic light installed. Would this even be possible? Something needs to be done before someone else gets killed!

Thank you everyone in advance!

 

[tranquility]

Not only would I think you would not win (governmental immunity), but also, if you did, it would cost you more than if you just installed the light yourself with the money spent on attorneys.

 

[Broken&Angry]

So you mean to tell me that the city can be well aware of a dangerous intersection and not have to do anything about it? How many people have to be killed or injured before the town has to do something? Can it really just go on forever as it is?

 

[TheGeekess]

So you mean to tell me that the city can be well aware of a dangerous intersection and not have to do anything about it? How many people have to be killed or injured before the town has to do something? Can it really just go on forever as it is?

Short answer: Yes.

I'd suggest getting a bunch of locals together that agree a light needs to be there and start going to the city/county administration meetings to make your wishes known.

 

[quincy]

What is the name of your state (only U.S. law)? FL

Hello to all. I have a major question that i'd like to pose here before beginning to actively seek legal representation. Two weeks ago I was involved in a traffic accident that was not my fault (deemed so by both insurance company and law enforcement). I would like to know if there is any way I can sue a town for the installment of a traffic light.

Here's an explanation as to why i'm asking what I am. I live in a slightly rural area. Its mostly horse farms and homes with larger pieces of land, nothing too far out. Its located about several miles west of a major city. There is a 2 lane road going out to the area, and another 2 lane road running parallel traveling back into town. A gas station is located in between the rural area and town. Directly in front of the gas station is empty land with the roads running in between, meaning that one can only go left or right. In order to travel west into the rural area one has to exit the gas station, travel over the 2 lane road that runs east into town, pause in the center if there is oncoming traffic, then make a left. To travel east, one has to exit the gas station and make a right turn into the 2 lanes heading into town. The problem is that there is no traffic light in front of the gas station. Many times someone exiting the gas station only seems to be looking to the right checking for oncoming traffic, but never notices the oncoming traffic to their left until its too late. They pull out and boom, a car hits them on the side (which happened in my case. Driver pulled out right in front of me and I had no time to stop before hitting their rear end as they passed to my left as the posted speed limit on the roads is 55mph). There is literally an accident there every month, 2 people have died in the intersection this year alone, and several died in the intersection last year. That doesn't even take into account the people who have been killed or been involved in accidents in prior years. The residents of the rural area have petitioned numerous times for the installment of a traffic light in the intersection but nothing has ever happened. We basically get "we're looking into it" while in the meantime people keep dying. I've had enough. I was lucky this time that it was only myself in the car but there have been numerous other times my wife and children were in the car and we narrowly missed being in an accident. Its so bad i've always been afraid to drive past it for fear of someone pulling out in front of me. Well, guess my number came up and now I want to fight even harder to do something about it so it stops happening. I would like to sue the city for the installment of a traffic light in this clearly dangerous intersection. If I can't get a light, then I would like to sue for the amount necessary to have a traffic light installed. Would this even be possible? Something needs to be done before someone else gets killed!

Thank you everyone in advance!

TheGeekess offers good advice - and it makes far more sense than trying to sue the town over the absence of a traffic light.

It can take many years of studying a particular intersection before a street light is installed (if one ever is). There will be traffic studies, accident studies, cost analyses, budget analyses and, yes, maybe a serious injury or a death or two, before it will be determined that a traffic light in a particular area is necessary.

Stop signs with flashing lights, perhaps a four-way stop, may be a less expensive alternative and could be decided on more readily, if you want to push for that.

The best way to start the process to get a street light installed, however, is by forming a "concerned citizens" group. Have this group consistently pester the town officials, and you may wish to get your local media involved.

Good luck.

 

[Broken&Angry]

The issue is that the residents have been pestering town officials!! We have shown up to meetings, signed petitions, you name it we've done it and nothing!! Last year there was a single accident that killed 3 people. Someone decided to pull out thinking they could make it across the lanes. The problem was a dump truck coming to their left. The dump truck didn't have enough time to stop and hit the driver killing them instantly. Riding in the lane next to the dump truck were 2 motorcyclists who were also killed. It had both sides of the road shut down for hours while the mess was cleaned up. If that wasn't enough to warrant a light then I just don't know what is!

As to a 4 way stop, the traffic moves too fast for simple stop signs. With the posted limit being 55, often the traffic is moving much quicker as we have few law enforcement officers out here. There just aren't enough to sit and catch everyone so people regularly speed well into the 60mph ranges. There is no way possible for a truck moving at 60mph to be able to see stop signs. The other issue is that this is a heavily used gas station. Often there are lines running out of the station and into the road itself while people wait for a pump (which is also a huge safety issue). There is one other gas station out here but the gas price is 30 cents more per gallon and the diesel is also considerably more expensive. Weekends especially, its a normal occurrence to see half a dozen giant diesel pick-ups with large swamp buggies attached waiting for gas. When it comes time for them to leave, they either need to back up the station waiting till its safe to cross the lanes to make a left, or risk pulling out and waiting in the center which is too small for a trailer leaving tail ends sticking out in to the lane of oncoming traffic. Its a disaster all the way around. When the gas station was originally built, there weren't as many residents living out here and there was only a single 2 lane road coming into and out of this area. The road wasn't expanded to include the 2nd 2 lane road until about 8 yrs ago. Before then it wasn't too bad to use the station. Now its a nightmare esp since we've seen a huge increase in traffic since a brand new housing development went in about 3yrs ago located about a mile up the road. That tiny station not only has the farms residents using it, it also now gets the residents of the housing development. Its just too much!

How effective is getting the media involved as clearly the city doesn't care about us. And you're saying there really is no way for the city to be sued, esp since there are many residents out here who feel the city is partially responsible for the traffic situation by not foreseeing that as a possible problem when they allowed the housing development to be built.

 

[tranquility]

How effective is getting the media involved as clearly the city doesn't care about us. And you're saying there really is no way for the city to be sued, esp since there are many residents out here who feel the city is partially responsible for the traffic situation by not foreseeing that as a possible problem when they allowed the housing development to be built.

You can try to win elections in any way you want. Getting media to care can always help. Suing the city for what many "feel" the city is "partially responsible for" is not going to be a winner. And, as I said, even if you could weave some argument that overcomes immunity, doing so will cost many tens of thousands as the government likes telling people what to do and hates being told what to do. If you want to go that path, just offer to pay to put it in.

We can talk about "standing" if you want to bring together the amount of money required to sue. Another difficult issue to even having the right to sue.

 

[Broken&Angry]

Since I myself have been injured due to the unsafe intersection, would that give me standing to sue? How much does a traffic light cost? Say by some grace of the good Lord that the residents ban together and offer to pay, would we be able to have one installed immediately or would it be subject to planning as Quincy said and still nothing happens?

 

[tranquility]

Since I myself have been injured due to the unsafe intersection, would that give me standing to sue? How much does a traffic light cost? Say by some grace of the good Lord that the residents ban together and offer to pay, would we be able to have one installed immediately or would it be subject to planning as Quincy said and still nothing happens?

Unlikely, but possible. The type of standing that you most likely would qualify for is money damages and not an injunction to put in a traffic light. To get that, you would also need to show the problem is not moot and is likely to repeat. Difficult when it is a person who screwed up and not the fact a traffic light is not there. A traffic light would cost at leas tens of thousands of dollars depending on the type. I am not sure and others may help.

I'm done here with saying you should forget about suing. It's not going to happen. Politically is the way to change such matters.

 

[Ladyback1]

I know that when there have been these kind of issues where I live, the concerned citizens went to the State's department of public safety/highway safety (whatever it's called in your state) and asked for a safety study to be done.

Doesn't take away from the fact, that as a local resident, I *personally* would slow down at that intersection regardless of what the posted speed limit is. I can't depend on other drivers to not have their heads in the anal orifice and use common sense...thus I depend on myself to drive "defensively".

 

[Sloop John D]

Some states allow a person to sue a public entity for dangerous condition of property. If you've been in an accident at that intersection, you should speak with an attorney who specializes in personal injury.

 

[Sloop John D]

After performing a brief search on google, it appears that there are attorneys in Florida who specialize in premises liability cases against public entities. If you want to resolve the matter, you should contact a personal injury attorney who specializes in premises liability. Lawsuits have a tendency to get public officials to make changes quickly.

 

[quincy]

After performing a brief search on google, it appears that there are attorneys in Florida who specialize in premises liability cases against public entities. If you want to resolve the matter, you should contact a personal injury attorney who specializes in premises liability. Lawsuits have a tendency to get public officials to make changes quickly.

While a government entity responsible for maintaining property could potentially be held responsible for accidents and injuries occurring on the property as a result of poor maintenance (and this can include improperly maintained intersections), the fact is that most accidents at intersections are caused by human failures (speeding, alcohol, distractions when driving). Damages to an injured party in these accidents will be paid by the at-fault party's insurer.

Unless there has been no clear fault assigned to those involved in the accidents at the intersection so far (failure to yield, alcohol, speed, cell-phone or other distractions), it may be difficult (and expensive) to pursue a legal action against the government entity over intersection maintenance or design.

I can understand a desire to push hard for the installation of a street light, but I am not convinced a lawsuit against the government is the way to do it or that a lawsuit would lead to the desired result.

Broken&Angry can go over all facts with an attorney in his area, who is familiar with the intersection in question and the accidents that have occurred at that location, however, and the attorney can then advise Broken&Angry on the wisdom of filing suit.

 

[Broken&Angry]

Thank you very much everyone, you've given me some things to consider and i'll definitely be seeking an attorney now. Yes, I was injured in this intersection and it was deemed 100% the fault of the other driver. I did slow, which is something I always do when passing this gas station, which is the reason I wasn't injured too badly. There have been quite a few others who weren't so lucky. As i've said before, there is an accident at least once a month in this intersection for the exact same reasons. Someone tries to cross the two lanes to make a left turn and almost always runs in the path of an oncoming vehicle. There was an accident just this morning, hence the reason i've returned. Its just so frustrating to see accident after accident in the same place, and for the same reasons, and be told there isn't anything we can do about it. Oh and yes, this is a state road but maintained by the county.

 

[quincy]

Thank you very much everyone, you've given me some things to consider and i'll definitely be seeking an attorney now. Yes, I was injured in this intersection and it was deemed 100% the fault of the other driver. I did slow, which is something I always do when passing this gas station, which is the reason I wasn't injured too badly. There have been quite a few others who weren't so lucky. As i've said before, there is an accident at least once a month in this intersection for the exact same reasons. Someone tries to cross the two lanes to make a left turn and almost always runs in the path of an oncoming vehicle. There was an accident just this morning, hence the reason i've returned. Its just so frustrating to see accident after accident in the same place, and for the same reasons, and be told there isn't anything we can do about it. Oh and yes, this is a state road but maintained by the county.

If the accident you were involved in was deemed 100% the fault of the other driver, you will be hard-pressed to prove that there was any failure by the county to maintain the intersection properly (ie, failure to cut brush back to allow for clear visibility, unfilled pot holes that make for unsafe turns or crossings, whatever). Fault in your case has already been determined.

That said, you have a four year window (I think - you could check to make sure) within which you can file a claim for car accident injuries. You can consult with an attorney in your area to determine if there is any point in pursuing legal action against the county. It can be costly to do this and it will not get the desired traffic light installed. The most it stands to do is get you some press coverage - and you can get that without the expense of an attorney and a lawsuit.

Whatever you decide to do, however, I wish you luck with it. In my area, we had a similar dangerous rural intersection that claimed the life of a mother and her three children but, as tragic and seemingly-preventable as that accident was, it still took years of traffic studies and several more accidents before speed limits were finally lowered, signs were posted, and a traffic light installed.