The San Diego Union-Tribune has reported that a wrongful death, stemming from a 2009 traffic accident, has been resolved to the tune of $1.8 million and the installation of a $3,000 traffic signal.
The city of San Diego is responsible for both the million dollar award and putting in a traffic signal in Little Italy.
The Little Italy neighborhood has allegedly needed the signal due to over 12 years of accidents in one intersection.
The monetary award was made to the family of K.C.S., 58 at the time of his death in April 2009.
The incident occurred at the intersection of Pacific Highway and Cedar Street. K.C.S., in an crash with a Toyota Corolla, was one of a dozen accidents that occurred at the same intersection.
Since he died in 2009 there have been two more accidents reported.
All reported accidents occurred between 2006 and 2009.
The City Council, without any admission of wrongdoing in the payout, unanimously approved the settlement on Jun 7.
The City Attorney, Jan Goldsmith, explained that after they created a left-turn lane on the southbound side of Pacific Highway, in 1997, the city was slow to address complaints of the new driving pattern’s dangers. The city failed to add a left-turn yield sign, or a turn signal, and drivers presumed that they could turn left once the signal changed to green.
Once the signal changed drivers could head into oncoming traffic.
Due to the city’s budget problems, and the incompetence of its employees, several tries at correcting the problem never met with fruition. Goldsmith said, “In this case, I am appalled and I have communicated that.
We have to understand that public safety is not just police and fire, but the engineers and our streets and transportation division that protect us every day by making our flow of traffic safe. They are extremely important budget-wise and safety-wise and they cannot skimp. They must do better.
A word to the wise of those working in this city who are responsible for the safety of our people, there is a zero tolerance in this city for this kind of ignoring of public safety.”
Regarding the accident, court records stated that “(K.C.S.), of El Cajon, was riding his Ducati motorcycle on northbound Pacific Highway just before 10 p.m. when the Toyota Corolla — driven by a 17-year-old girl from Los Angeles — heading the opposite direction turned left on Cedar Street in front of him. (K.C.S.) tried to veer out of the way but struck the rear passenger side of the vehicle and then died of traumatic head injuries.”
K.C.S’s family originally asked for a $5 million settlement.
The suit read that “This turn lane’s position combined with the position of the then existing traffic signals gave drivers the confusing illusion they had the right-of-way on a green signal to turn left onto Cedar Street…The city further failed to install or maintain any signs warning southbound traffic they were required to yield to northbound Pacific Highway traffic when turning onto Cedar Street. No warnings or signals were present to safely guide traffic using this intersection with due care.”
The city installed a left-turn signal three months after K.C.S. died. He left behind a wife and daughter.
Loosing a loved one is unbearable, but winning a lawsuit that forces change, can help with the heavy burden of your loss. Contact a personal injury lawyer today if you believe that you have a wrongful death case.