$28 Million Caltrans Verdict: Holding Public Entities Accountable for Dangerous Crosswalks

California’s roadways are becoming increasingly perilous for pedestrians. According to the California Office of Traffic Safety, nearly 7,500 pedestrians died in California between 2009 and 2018, and the state’s pedestrian fatality rate is almost 25% higher than the national average. Pedestrian deaths have steadily increased nationally over the last decade, up more than 40% since 2010. In California, pedestrians account for nearly a quarter of all fatalities on public roads, significantly higher than the national average. This alarming trend underscores the urgent need for heightened safety measures and accountability, especially from public entities responsible for designing and maintaining our infrastructure.

A recent landmark case in California highlights this critical issue: a $28 million verdict against Caltrans for a minor who suffered severe injuries in a crosswalk. This verdict sends a powerful message: public entities can and will be held accountable for dangerous crosswalks that fail to protect pedestrians.

The Case: A Tragedy in a Crosswalk

The case involved a young boy who sustained catastrophic injuries while using a crosswalk. The details of the case reveal a disturbing oversight by Caltrans. Maintenance activities conducted by Caltrans in 2022 included the removal of vital crosswalk striping. This significantly reduced visibility for pedestrians, making the crossing increasingly dangerous. Expert witnesses at the trial pointed out that turning vehicles further obstructed visibility for both drivers and pedestrians, contributing to the tragic outcome.

The jury’s verdict of over $28 million reflects the severity of the boy’s injuries and the long-term care he will require. More importantly, it underscores the jury’s finding that Caltrans was negligent in its duty to maintain a safe crosswalk.

Holding Public Entities Accountable

This verdict is a significant win for pedestrian safety advocates and a stark reminder to public entities about their responsibilities. Here’s why this case matters:

Establishes Precedent: The $28 million verdict sets a precedent for future cases involving dangerous crosswalks and public entity liability. It demonstrates that juries are willing to hold these entities accountable when their negligence leads to severe injuries.
Highlights the Importance of Crosswalk Safety: The case brings much-needed attention to the critical importance of well-designed and maintained crosswalks. Crosswalks should provide clear visibility for both pedestrians and drivers, adequate lighting, and appropriate signage.
Encourages Proactive Measures: By holding Caltrans accountable, the verdict encourages other public entities to proactively assess and improve the safety of their crosswalks. This includes conducting regular inspections, addressing known hazards, and implementing safety enhancements.

Understanding Liability in Crosswalk Accidents

In California, both drivers and pedestrians have responsibilities when it comes to crosswalk safety. However, drivers generally have a greater duty of care due to the potential harm their vehicles can cause.

California Vehicle Code 21950 VC states that drivers must yield the right-of-way to pedestrians crossing the road within any marked or unmarked crosswalk. This means drivers must slow down, stop if necessary, and allow pedestrians to safely cross the street.

However, pedestrians also have a responsibility to exercise reasonable care for their safety. They should not suddenly enter a crosswalk without looking for oncoming traffic, and they should obey traffic signals and crosswalk signs.

Factors Influencing Liability:

Driver Negligence: This includes speeding, distracted driving (e.g., texting), driving under the influence of alcohol or drugs, and failing to yield the right-of-way to pedestrians.
Pedestrian Negligence: This includes jaywalking (crossing the street outside of a crosswalk), crossing against a “Do Not Walk” signal, and failing to exercise reasonable care for their safety.
Crosswalk Design and Maintenance: Poorly designed or maintained crosswalks can also contribute to accidents. This includes inadequate lighting, obstructed visibility, and missing or faded crosswalk markings.

Comparative Negligence:

California follows a “comparative negligence” system. This means that if both the driver and the pedestrian are found to be at fault for an accident, the damages will be divided based on each party’s percentage of fault. For example, if a pedestrian is found to be 20% at fault for an accident, they can still recover 80% of their damages from the driver.

Caltrans’ Responsibility for Pedestrian Safety

Caltrans is responsible for designing, constructing, and maintaining the state’s highway system, including crosswalks. This responsibility includes:

Identifying High-Risk Locations: Caltrans is tasked with investigating high-risk locations to determine the best safety improvements.
Implementing Safety Measures: This includes signal timing enhancement and extended pedestrian crossing times, intersection and roadway design changes (sidewalks, curb extensions, and roundabouts), and new pedestrian signs and markings (high-visibility crosswalks and advanced stop and yield markings).
Adopting the “Safe System” Approach: Caltrans is implementing the Safe System approach into all programs, which recognizes that crashes will happen and that traffic safety is a shared responsibility.

Caltrans has also been honored for its efforts to enhance pedestrian safety. As part of a two-year pilot project, Caltrans added $21.5 million annually to its maintenance budget to install warning signs, roadway markers, high visibility crosswalks, and other small-scale but cost-effective safety projects across entire districts.

What to Do If You’ve Been Injured in a Crosswalk Accident

If you or a loved one has been injured in a crosswalk accident, it’s crucial to take the following steps:

Seek Medical Attention: Your health is the top priority. Get immediate medical attention for your injuries.
Report the Accident: Call the police and file an official accident report.
Gather Evidence: If possible, collect evidence at the scene, including photos of the crosswalk, the vehicles involved, and any visible injuries. Get contact information from witnesses.
Consult an Attorney: Contact an experienced personal injury attorney who specializes in pedestrian accidents. An attorney can help you understand your rights, investigate the accident, and pursue a claim for damages.

Legal Options for Injured Pedestrians

If you’ve been injured in a crosswalk accident due to someone else’s negligence, you may be entitled to compensation for:

Medical Expenses: This includes past and future medical bills, including hospital stays, surgeries, physical therapy, and medication.
Lost Wages: This includes lost income from missed work, as well as future lost earning capacity if your injuries prevent you from returning to your previous job.
Pain and Suffering: This includes compensation for physical pain, emotional distress, and mental anguish caused by the accident.
Property Damage: This includes compensation for damage to personal belongings, such as clothing, cell phones, or other items.

The Path Forward: Prioritizing Pedestrian Safety

The $28 million Caltrans verdict serves as a wake-up call. It’s time for public entities to prioritize pedestrian safety and take proactive steps to prevent future tragedies. This includes:

Investing in Safer Crosswalk Designs: Implementing design features that enhance visibility, such as curb extensions, raised crosswalks, and pedestrian hybrid beacons.
Improving Crosswalk Maintenance: Ensuring that crosswalk markings are clear and visible, and that lighting is adequate.
Conducting Regular Safety Audits: Regularly assessing crosswalks for potential hazards and implementing corrective measures.
Educating Drivers and Pedestrians: Raising awareness about crosswalk safety laws and promoting safe behaviors.

By working together, we can create safer streets for everyone and prevent future tragedies.