Family not likely to sue in crosswalk accident; improved signs help users of trail
A new sign on the Hike and Bike Trail at Airline Road warns pedestrians to look both ways before crossing the street.
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NEW SIGNS
Signs installed near the crosswalks include:
A warning to drivers that a crosswalk is ahead.
A clearer sign telling drivers where they should stop if pedestrians are present.
A sign warning pedestrians of the upcoming street crossing.
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NEW SIGNS
Signs installed near the crosswalks include:
A warning to drivers that a crosswalk is ahead.
A clearer sign telling drivers where they should stop if pedestrians are present.
A sign warning pedestrians of the upcoming street crossing.
A sign cautioning pedestrians to look both ways before crossing.
A sign asking pedestrians to push a button to activate flashing lights before crossing.
The family of a boy hit by a car while using a hiking-trail crosswalk will likely not sue the city, their lawyer said.
The city was criticized for the crossing even before 11-year-old Danny Herrera was injured on Aug. 13. Some drivers and pedestrians said it wasn't clearly marked, leaving questions about who has the right-of-way.
"The confusion was there weeks before something happened," said Alex Hernandez, the family's attorney. "We don't think it was unforeseeable."
Danny's injuries seem minor, Hernandez said, so the driver's insurance should pay his medical bills. If it won't, the family might ask the city to pay, Hernandez said.
Hernandez also lives near the trail, and uses it regularly.
Newly added signs should help prevent future accidents, Hernandez said.
Victoria native and bicyclist James Kirkpatrick thinks the signs are sending the right message. Kirkpatrick had criticized city officials who once said walkers didn't have the right-of-way in crosswalks.
"Having gone to the city council meeting, I got the impression that they are trying to communicate what I had hoped they would communicate," Kirkpatrick said.
That is: Pedestrians do, under state law, have the right-of-way in crosswalks.
The trail crosswalks on Airline Road, Miori Lane and Ben Jordan Street will also get rumble strips, said Jimmy Roach, deputy director of public works. The raised strips will audibly warn drivers of the approaching crosswalks.
The diagonal lines will also be painted through the center of the crosswalk to make it more visible, Roach said.
"Unfortunately, Danny had to be the example," Hernandez said. "Our concern is for Danny right now."
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Comments
N45BA, either a hacker is trying to ruin your reputation, or you have integrity. If (when) I ever need to adjust my stance on anything I hope I'll have as much.
August 31, 2009 at 10:27 p.m.Correction: the comment was removed by the Advocate. I didn't realize it was so offensive. Whoops.
August 31, 2009 at 10:12 p.m.Wisp keeps harping about the right-of-way that the pedestrians have. Seems he wants walkers to cross in front of cars hoping some will be hit so lawsuits can be filed. He must be a lawyer looking for fifty percent of the take.
August 31, 2009 at 8:05 p.m.Why not sue the city who allowed a crosswalk in the middle of a major road that becomes crowded a few times a day. But follow the money, they catered to the rich developer.
Common sense, Airline and John Stockbauer should not be crossed other than an intersection. Roads are for cars first, evening walkers enter at your own risk and use common sense.
August 31, 2009 at 7:45 p.m.Why are they not sueing? I would have had to get em if it was my boy.
August 31, 2009 at 7:14 p.m.I suppose some senses of humor would be tickled briefly, but then one would have to get back to the issue: what is the law.
August 31, 2009 at 6:07 p.m.I think I've found the authorship of the dreaded redneck email forwards that occasionally find their way into my inbox. "Common sense" ... yeah, you've got it all figured out.
August 31, 2009 at 5:58 p.m.Uh, I don't think Mr. Kirkpatrick said anything about a person walking in front of a vehicle without looking. But then that would require you to read closely, wouldn't it BigGuy? The issue is right-of-way, not might=right. Until you get that, you will continue to post ignorance such as these embarrassing exhibits.
August 31, 2009 at 5:49 p.m.This could all be fixed with a sign that says 'Use common sense before entering crosswalk--if you don't have any turn around and go back the other way'.
August 31, 2009 at 5 p.m.there's lawsuits for stupidity?
August 31, 2009 at 12:37 p.m.Common sense. Case closed.
August 31, 2009 at 10:24 a.m.what is the first thing you teach your kids when they are little?
August 31, 2009 at 9:36 a.m."look both ways"
i know i never taught my kids to read the sign.
it doesnt matter what the sign says.
or what rumble strips you put down.
i agree common sense.
Agreed, BigGuy. Basic physics does not care who has the right of way. When it comes down to a battle between a human body and a vehicle.....the vehicle wins, regardless of legal right of way. Let's use some common sense people. It's just like crossing the street anywhere else, look both ways first to make sure there are no oncoming vehicles.
August 31, 2009 at 9:25 a.m.Mr. Kirkpatrick, you and many other people should use your heads a little. It is called common sense. A person should never walk out into the path of a moving vehicle, regardless of who has the right of way. The human body can not win that battle. Think people.
August 31, 2009 at 9:07 a.m.