In pedestrian accident cases, courts often examine whether environmental conditions played a role in the incident. One significant factor is the visibility of traffic control signals. New York law imposes a nondelegable duty on municipalities to maintain roadways, including ensuring that traffic signals are not obscured by foliage or other obstructions, and if they fail to do so, they may be held accountable, as demonstrated in a recent New York ruling. If you lost a loved one in a pedestrian collision involving dangerous road conditions, it is important to speak with a qualified Syracuse wrongful death attorney about your options for recovery.
History of the Case
It is reported that the plaintiff, acting on behalf of the decedent’s estate, filed a wrongful death action against the defendants, including a municipal entity and a contractor responsible for maintaining trees at the site of a fatal collision. The incident occurred while the decedent was lawfully crossing a street within a marked crosswalk when she was struck and killed by a speeding vehicle.
It is alleged that at the time of the accident, foliage partially obscured the pedestrian signal at the crosswalk where the collision took place. The plaintiff claimed that the obstruction prevented the decedent and other pedestrians from clearly seeing whether it was safe to cross, and further asserted that the obstruction was a contributing factor in the fatal event. The defendants moved for summary judgment, seeking dismissal of the complaint. Continue Reading ›