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Wrongful Death Lawsuit in Elderly Woman’s Death. Was it Driver Negligence, the City, or Both?

In December 2010, an elderly woman was fatally wounded when she was struck by a vehicle as she crossed the street. Her husband filed a wrongful death lawsuit against the driver of the Silverado that hit the woman claiming negligence and carelessly driving, and against the City of Atwater alleging that dangerous factors contributed to the accident including obscured vision for drivers, unsafe roadway design, inappropriate speed limits and traffic signal timers that did not allow pedestrians enough time to cross the street. The suit seeks compensation for economic damages, as well as non-economic damages including loss of love, companionship, comfort, care, and moral support.

In August, city officials stated that the traffic signal timer has been improved to allow safe crossing for pedestrians. No further information was provided and the lawsuit is still pending.
Intersections can be very dangerous with vehicles turning, drivers changing lanes, pedestrians crossing and stopping at stoplights. Each factor increases the risk driver negligence and a subsequent auto accident. Liability can be difficult to determine; every case is unique, but most intersection accidents are due to human errors such as inattentive driving, drunk driving, reckless behavior, texting and other driver negligence. In these cases liability falls onto the driver who caused the accident. Additionally, many roads are in need of repair and or improvements need to be made to ensure the safety or motorists and pedestrians. Although the city is responsible for making the roads safer, it can not control negligent driving. The plaintiff’s attorney said it is still too early to know when the case could go to trial; he is still collecting evidence.

If you or a loved one has been seriously injured or killed in an auto accident due to the negligence of someone else, it is important that you seek legal advice from an auto accident attorney. It is sometimes difficult to make ends meet when situations like this occur. All too often, plaintiffs will look to settle their case too soon and for too little because they are financially strapped. Lawsuit Financial can give plaintiffs the money they need immediately; this immediate legal funding source allows them to take care of their financial obligations while giving their attorney the time needed to seek appropriate justice. The call to 1-877-377-SUIT (7848) is free; the advice is priceless.