Earlier this month in a Chicago suburb, a fatal bicycle accident claimed the life of one woman. According to a news report covering the tragic accident, police decided not to issue any citations to the other driver involved because there was no evidence that the driver violated any provision of the motor vehicle code.
Evidently, the intersection where the accident occurred has a history of problems, since there are six entries into the intersection, and several of the roads come into the intersection on a curve. The article notes that the city where the intersection is located has conducted a study to come up with ideas on how to improve the safety of the intersection. For example, the city recently put up yield signs, requiring east- and west-bound drivers to yield to north- and south-bound drivers.
Authorities determined that the driver of the car that struck the bicyclist was not at fault for the accident because it appeared as though the bicyclist failed to yield to the car. At this point, no citations have been issued.
Accidents Occurring at Inherently Dangerous Intersections
Accidents happen, and sometimes an accident is not the fault of any of the people involved. However, when this is the case, the question arises of what caused the accident. In some cases, a poorly designed or maintained road can be the cause of an accident.
For those injured in an accident caused by a poorly designed or maintained road, recovering financial compensation for their injuries can be difficult, due to governmental immunity. Governmental immunity is the legal principle that grants government employees and entities immunity from lawsuits when they are performing a duty related to the performance of government functions.
Government immunity, however, is not absolute and will not apply in every circumstance. In some cases, a government may be held liable for the negligent design or maintenance of roadways. Proving this kind of lawsuit generally requires a plaintiff to establish that the government knew or should have known about the dangers of the roadway. This can be established in a number of ways, one of which is by showing that there has been a lengthy history of accidents at the intersection.
Have You Been Injured in a Maryland Motorcycle or Bicycle Accident?
If you or a loved one has recently been injured in a Maryland motorcycle or bicycle accident, you may be entitled to monetary compensation, even if the other driver involved in the accident seems to be free of fault. Poorly designed roads are a danger for all motorists, but that danger is magnified for motorcyclists and bicyclists. The skilled injury attorneys at Lebowitz & Mzhen, LLC have decades of experience representing injured clients against government entities, and we know how to succeed in these cases. Call 410-654-3600 today to set up a free consultation with a dedicated attorney to discuss your case. Calling is free and will not result in any obligation to you unless you are successful in recovering compensation for your injuries.
More Blog Posts:
Motorcyclist and Traffic Fatalities Increase in Maryland and Across United States, Maryland Motorcycle Accident Lawyer Blog, published December 6, 2016.
Motorcycle Passenger Killed in Head-On Collision with Drunk Driver, Maryland Motorcycle Accident Lawyer Blog, published November 17, 2016.