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After several car accidents that caused significant property damage, the city of Long Beach is finally moving toward making the intersection of Willow and Magnolia safer for everyone.
Molding has been installed around Magnolia and Willow, a retail store in the city that has suffered a significant number of accidents. The city intends to soon pour concrete into the molding and install temporary K-rails around the corner of the store, which is located at Willow Street and Magnolia Avenue.
According to the city, the new installations will slow down traffic at the busy intersection and prevent cars from hitting the store. As the city finalizes the new installations, it said it will also look for other permanent solutions to prevent accidents at the intersection, including adding a four-way stop to better decongest traffic.
The city’s decision to install barriers or not was a discretionary act. Installing and maintaining barriers is a ministerial act. There is a big difference.
Poor sight lines, high-speed limits, lack of pedestrian crossing lights, and other road design defects often cause car accidents, as has happened in this location. In most cases, however, road design features are discretionary acts. California’s limited sovereign immunity law protects decision-makers in these cases from legal action.
In most cases, Jane cannot sue the county because her property taxes go up or sue the school board because the dress code is too lenient. Similarly, she cannot take legal action against the city or state for actions such as installing or not installing protective barriers, designated bicycle lanes, or traffic control devices, such as stop signs, yield signs, and traffic lights.
A Los Angeles personal injury lawyer can sue City Hall if the issue is a ministerial act. If officials are derelict when it comes to a ministerial act, and their negligence substantially causes injury, the victim could be entitled to substantial compensation.
As mentioned, Los Angeles personal injury lawyers cannot take legal action over something like failing to install a stop sign. Typically, authorities have the final say in this area. However, lawyers can take action if the city or other responsible entity has not properly maintained the stop sign. Examples of improper maintenance include:
Accident compensation in these cases usually includes money for economic losses, such as medical bills, and non-economic damages, such as pain and suffering.
The line between discretionary and ministerial action is often blurred. In these cases, an attorney can successfully argue for compensation.
Suppose a traffic safety study said the intersection of Main and Elm needed a stoplight. The city ignored that recommendation and did nothing. The safety study turned a discretionary street design matter into a ministerial street maintenance matter.
Filing a notice of claim is a critical step before pursuing legal action in negligence cases involving public officials. While these cases can be particularly complex, it’s important to remember that officials are not entirely immune to lawsuits for negligence. If you’ve been affected by such an incident, seeking experienced legal guidance is essential.
For a free consultation with a California Automobile Accident Lawyer, contact the Law Offices of Eslamboly Hakim. Our dedicated team is here to help, and we do not charge upfront legal fees for these matters.
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