The city of Mountain View is considering safety features at a crosswalk after a fatalcar accident there claimed the life of 80-year-old pedestrian, Manuel Enos. According to the Mountain View Voice the July 19, 2010 accident occurred at the intersection of California and Franklin streets. Enos was struck by a Toyota Corolla driven by 46-year-old Keibun Son, who fled the scene, but was later arrested on suspicion of felony hit-and-run. Enos died a day later from injuries sustained in the pedestrian accident.

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Hazardous Roadway?

Neighbors are telling the local newspaper that they are extremely concerned about the visibility of the crosswalk to drivers. Some are complaining that the cars parked along California Street "can create blind spots." Several others are suggesting that a stop sign be installed at the intersection or flashing lights be installed along the edge of the crosswalk. Even city officials admit that in the evenings, the setting sun can make driving west on California Street, as Son was doing at the time of the crash, difficult.

City officials, however, do not appear too concerned. They say that the visibility at the intersection is "pretty good." They say there are no records of pedestrian accidents at that intersection going back to 2001. The only warning signage that alerts motorist is one with the picture of a human figure walking. Also, the city painted the crosswalk brightly in 2008 to further increase visibility, officials say.

Laws and Liability Issues
I hope officials are carefully considering the need for additional safety features at this Mountain View intersection. The city of Mountain View may be held liable for the wrongful death of Manuel Enos in this case. California’s Government Code section 835 provides that a public entity or governmental agency is liable for damages to an injured person because of a condition of public property when the injured person proves that:

• There was a dangerous condition on the public property at the time of injury
• The injury was proximately caused by the dangerous condition
• The dangerous condition created a reasonably foreseeable risk of injury of the kind that occurred; and
• Either (a) The negligent or wrongful action or failure to act of an employee of the public entity created the dangerous condition, or (b) the public entity had actual or constructive notice of the dangerous condition a sufficient time before the injury to have taken measures to protect against the dangerous condition.

If I were a member of Enos' family, I would get in touch with a reputed San Francisco personal injury lawyer, who has experience and a successful track record standing up against governmental entities on behalf of injured victims and their families. Please remember that any claim against a California governmental entity must be filed properly within 180 days of the accident or injury.

What are some of the most dangerous intersections in your city or neighborhood?

None of the parties mentioned in this article are represented by us at the time this article was posted. The source of our information is cited in the article. If you were involved in this incident and have questions as to your rights and options, call a reputable law firm for a consultation. Do not act solely upon the information provided herein. The BISNAR | CHASE personal injury law firm will provide free, confidential consultation to "not at fault" persons and their family members if you mention your source was the “Personal Injury Law Journal." They can be reached at 866-456-5235 during California business hours.