You’re walking down the street when you come to a crosswalk and notice that the traffic light is green. You start making your way across the street when a car comes flying down the road and, fortunately, swerves at the last minute to avoid hitting you. “What’s wrong with you?” you shout furiously at the driver, only instead of apologizing, he decides to go off on a similar tirade. It is then that you both realize that neither one of you is to blame, but rather, that a traffic light malfunction nearly caused a major disaster.
Although this type of situation is unusual, it has been known to happen. Traffic light malfunctions have caused their fair share of accidents before, and when it comes to associated injuries, it can be difficult to properly assigned blame. Sure, on some level, the local municipality is obviously responsible for not maintaining its traffic signals, but at the same time, just because a traffic light is not working properly doesn’t mean that drivers and pedestrians can be negligent in their actions.
Robert Dewey of the Dewey Law Firm is a Charlotte, North Carolina personal injury lawyer with more than 30 years of experience under his belt, and according to him, injuries resulting from traffic light malfunctions can be extremely complex when it comes to assigning blame. If a non-working traffic light causes a driver-pedestrian accident and it is obvious that neither the driver nor the pedestrian was at fault, then the injured party (or parties) may be able to look to the city for damages. However, if such an incident happens to occur shortly after the initial point of malfunction, then it can be difficult to pin any liability on the city. After all, how can a public entity be responsible for fixing something that it didn’t know was broken? Therefore, if a pedestrian is hurt only minutes after a traffic light goes on the blink and the driver isn’t at fault, then the pedestrian could end up out of luck on the compensation front. And if a driver happens to damage his vehicle in an attempt to avoid hitting a pedestrian, then he, too, may have to bear the financial brunt himself.
On the other hand, if a city fails to repair a broken traffic light for weeks on end and a person gets hurt as the result, then the city might have some liability in the matter, and rightfully so. After all, one can argue that it might take a reasonable amount of time to call in a technician and tend to such a matter accordingly. However, there is no reason for a non-working traffic light to go unattended for an extended period of time when it is clearly the type of thing that can bring about injury. Therefore, if a person is injured as the result of city negligence, then he might be able to sue for damages accordingly.
Although a city or municipality might be legally and logistically responsible for maintaining area traffic signals, this doesn’t mean that pedestrian or driver blame can never be assigned in incidents of traffic light-related injuries. If a pedestrian can see that cars don’t seem to be stopping at a particular light due to an ongoing malfunction, then he should know well enough not to dart out in front of traffic simply because he also technically has the light. Similarly, if a driver follows the same local roads on a daily basis and is aware that a light is out of order, then he should make it his business to slow down, drive safely, and yield to crossing pedestrians until the situation is remedied. By employing a combination of common courtesy and common sense, drivers and pedestrians can do their part to stay out of trouble in situations where an outside entity has created a potentially hazardous environment.
Whether you’re a driver or a pedestrian, if it comes to your attention that a local traffic light doesn’t seem to be working, then don’t just ignore the problem. Instead, report the matter to the appropriate city officials and proceed with caution until the issue is resolved. Remember, the presence of a broken traffic light should prompt you to pay extra attention to your surroundings, and any failure on your part to do so is your responsibility entirely.
This article is for informational purposes only. You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Neither publication of this article nor your receipt of this article create an attorney-client relationship.
