A traffic light in our town does not give a long enough “walk” signal to get across the street; there are also no pedestrian islands. Is the city liable for any accidents that occur as a result?
Quite possibly the city could be held liable for accidents that occur between pedestrians and vehicles as a result of the short “walk” signal.
Pedestrians have a duty to use care in crossing the road even with a signal, and drivers have a duty to watch for pedestrians. However, when the city puts up a signal, both pedestrians and drivers have a reasonable expectation that the signal can be relied upon to make sure pedestrians are safe and drivers can somewhat relax their vigilance. The city has a duty to make sure that the “walk” signal is long enough to allow the majority of pedestrians to complete walking through the intersection, or, conversely, to provide an island for pedestrians to safely wait for the next “walk” signal. Since it appears that this duty is being shirked, the city may face liability for accidents caused by the short “walk” signal.
Proving this liability is somewhat difficult. Your attorney may want to see if the city has any information from its street safety designers indicating that this is a particularly short signal. You should also anticipate that you will need to engage an expert witness of your own to help show that this walk light is too short.
If you decide to file suit against the city (and if the city consents to the suit), you need to consult with an attorney to find out what the relevant time period is in your state as very little time is given for injury claims against a governmental unit such as a city.
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