Oakland Pays $2.95 Million Settlement to Family of Boy Struck by Driver

The City of Oakland has agreed to settle a lawsuit filed by the family of a teen who was struck by a driver on January 19, 2021, after stepping onto a southbound Bancroft Avenue crosswalk right before 8 p.m. According to the lawsuit, the teen suffered serious hip and head injuries as a result of the pedestrian accident. Oakland officials elected to settle with the family instead of fighting the suit. They did not admit any liability for the accident. The suit alleged that the location of the collision “constituted a dangerous condition of public property.”

California municipalities enjoy broad immunity from negligence claims filed by private citizens. In special circumstances, such as road design technicality claims, an individual who is injured can file suit against the city on claims of negligence.

Elements of negligence

An attorney representing the plaintiff told the press that a traffic engineering expert was ready to testify on behalf of the injured teen. He would have testified that the design of the intersection “violated longstanding Caltrans design safety standards by failing to paint the curb red for about 100 feet, the minimum distance required to ensure that a car would not park closer to the intersection. Instead, the red zone was painted 24 feet from the intersection. The legal team representing the family argued that this created a dangerous sightline obstruction between pedestrians standing on the sidewalk and motorists approaching the intersection.

In addition, the plaintiffs argued that the city had ample notice of possible danger at this intersection, including city data on speeding cars on Bancroft Avenue, a high average number of daily drivers and a large number of individuals crossing Bancroft at 100th Avenue. Further, the plaintiffs alleged that poor lighting and conditions contributed to a history of collisions at or near the intersection.

The city’s defense 

Lawyers for the city argued that the intersection had “no visual obstructions from any street features from over 1,000 feet away from the Crosswalk” and that “the intersection was straight, flat and level.” The city blamed the motorist for contributing the lion’s share of liability to the accident. The motorist’s insurance company settled with the family for $500,000.

According to the city, the “risk of harm here was created by a motorist who failed to exercise due care.” Oakland’s attorneys noted that the driver that struck the teenage pedestrian had “traveled past the intersection many times before that night and specifically knew about the crosswalks at the intersection.” Attorneys for the city noted that pedestrians have the right of way at every intersection.

Nonetheless, the city elected to settle with the family without admitting liability. In other words, they paid the family but refused to take responsibility for the accident, finding it in everyone’s best interests to settle the suit without further litigation.

Talk to an Oakland, CA Car Accident Attorney Today 

Venardi Zurada represents the interests of Oakland residents who have been injured in car accidents. Call our Oakland personal injury lawyers today to schedule an appointment, and we can begin preparing your suit as soon as possible. We serve the Bay Area from our office locations in Oakland and Walnut Creek.

Source:

oaklandside.org/2024/09/17/oakland-pays-2-95-million-settlement-to-family-of-teen-struck-by-driver-in-2021/