When a city knows or should know that an intersection is dangerous for drivers due to an obstructed view, a jury may hold them responsible for any accidents or injuries at that intersection.
In car accident cases, assigning blame for the accident may seem like a simple matter: whoever was not driving carefully is the one at fault. But as a recent California case illustrates, a city may actually be to blame if a city doesn’t do anything about an intersection that it knows is dangerous.
The Guilmette Case
In 2013, a 59 year old motorcyclist named Thomas Guilmette was riding his motorcycle in San Pedro, California. Another driver turned left onto the street where Mr. Guilmette was driving, hitting and killing him. The driver did not have a clear view on his left, which was obstructed by a row of parked cars. San Pedro did not have any no-parking signs on that block, and allowed motorists to park near the intersection, despite the fact that these parked cars obstructed the view. Mr. Guilmette’s surviving family sued both the driver and the city for the loss of their loved one.
The jury came back with a large verdict for the Guilmette family: 23.7 million dollars. The driver was found to not be responsible for the accident, but the city was 95% to blame (Mr. Guilmette was responsible for the remaining 5%). The jury agreed with the Guilmette family that the city knew about the dangerous intersection, and still did nothing about it — making it the city’s fault that the accident occurred and Mr. Guilmette died. After Mr. Guilmette’s family introduced evidence that the city knew that the intersection was dangerous, the jury ultimately determined that the city was negligent in failing to correct a dangerous road condition.
Negligence in California
Negligence is the failure to use reasonable care. In the personal injury context, that means that somebody or some entity (such as business or the government) did not do what it should have done to present an accident or injury. A person can be negligent in any number of ways, including:
- Failing to restrain or control a dangerous animal, resulting in a dog bite
- Not maintaining a sidewalk properly, resulting in a fall
- Failing to pay attention while driving, resulting in an accident
- Failure to warn customers about a wet floor in a store, resulting in a slip and fall
- Driving while drunk, resulting in an accident
If a person or organization’s negligence led to an injury or death, they may be liable for the damages suffered. This is what happened in the Guilmette case: the jury determined that the city’s failure to correct an obstructed view at an intersection, which lead to Mr. Guilmette’s death.
To prove that it was the city of San Pedro’s fault, the Guilmette family had to prove that (1) the city either owned or had control of the property, (2) the property had a dangerous condition at the time of the accident, (3) the dangerous condition resulted in an accident, (4) they suffered harm as a result of the accident and (5) the city either knew or should have reasonably known about the dangerous condition, but did not do anything to fix it. Because the Guilmette family was able to prove these elements, with the assistance of experts in accident reconstruction, traffic and engineering, they won their case against the city.
This case illustrates the importance of hiring a skilled California personal injury lawyer if you have been hurt in an accident. An attorney with experience in this field can evaluate the facts of the case and determine who should be held responsible for the accident — which may be someone other than the driver who actually struck your vehicle.
If you or a loved one have been hurt in an accident, PLBH is here to help. We will fight on your behalf to ensure that you get the compensation that you deserve for your losses. Contact us today at (800) 435-7542 or info@plblaw.com to schedule a free consultation. There is never a fee unless we get money for you!