Intersections are by nature dangerous locations for drivers, bicyclists and pedestrians, as it is where multiple directions of traffic intersect. The U.S. Department of Transportation estimates that every year, about one-half of all traffic injuries and one-quarter of all traffic deaths occur at intersections. One pressing danger for drivers is the possibility of inadequate visibility or visual obstructions at intersections, hazards that often lead injured parties to seek the help of an Orange County car accident lawyer to determine who is at fault.
What Is Inadequate Visibility at an Intersection?
To safely navigate an intersection, a driver needs to have a reasonably adequate view of cross traffic, crosswalks, crossing pedestrians, signs, signals, traffic control devices and potential hazards. All of these elements should be visible in time to allow the driver to react appropriately. Inadequate visibility refers to issues with the intersection that impede a driver’s view of the road, increasing the risk of car accidents. Examples include:
- Poor intersection design
- Inadequate street lighting
- Missing or faded road markings or signs
- Narrow sight lines for approaching drivers
- Physical obstructions
- Inadequate visual cues
- Obscured stop signs or traffic lights
- Overgrown trees or brush
- Illegally parked cars
- Construction or utility equipment too close to the road
- Non-functioning traffic lights
The issue of inadequate visibility can be extremely dangerous, as it can lead to two or more people entering the intersection at the same time and colliding. Intersection accidents can be severe, such as catastrophic T-bone and head-on collisions. They are also likely to involve vulnerable bicyclists and pedestrians.
Who Is Responsible for Intersection Accidents Caused by Inadequate Visibility?
Maintaining the safety of an intersection is the legal responsibility of the landowner. This could be the city or state government or a private property owner, depending on the location of the intersection. The owner can be held liable if the intersection is poorly designed or a hazard obstructs driver visibility while approaching the intersection. Bringing a claim against the government requires navigating the California Tort Claims Act. One of the most important rules to know is the statute of limitations. The deadline for filing a claim against a government entity is shortened from two years for a standard car accident case to just six months. You may also have the right to bring a claim against a private property owner, a company or business, a contractor, a construction company, a utility company, or another driver. An experienced personal injury lawyer can investigate your intersection accident and identify the defendant(s) if inadequate visibility contributed to your crash.
How to Prove an Inadequate Visibility Case in California
If you were involved in an intersection accident because your visibility of the road was obscured, consult with an attorney about a potential legal claim. You may be eligible to recover financial compensation from one or more parties, including the person or entity that owns the intersection. You may be able to prove your case with evidence such as:
- A police report
- Photographs
- Video footage of the crash
- Crash expert analysis
- Eyewitness statements
- Prior complaints filed with the road owner
An accident lawyer can carefully investigate your accident to search for signs of negligence or fault. Then, a lawyer can present evidence in your favor during the insurance process or a personal injury lawsuit. An attorney will know how to go up against powerful defendants, such as the city or state government in California, to pursue maximum compensation for your losses.