Citrus Heights, CA asked in Civil Litigation, Constitutional Law, Personal Injury and Car Accidents for California

Q: Can a county become a defendant in a public nuisance action?

Traffic lights require bicyclist to cross oncoming traffic 2 times. Once to actuate traffic light, then again to get on lawful side of street.

3 Lawyer Answers
Gerald Barry Dorfman
Gerald Barry Dorfman
Answered
  • Personal Injury Lawyer
  • Mill Valley, CA
  • Licensed in California

A: There may be another remedy, such as taxpayer action, but there is no private right of action for a public nuisance (with a very limited exception). The State may be able to bring such an action against a county, but not a private citizen.

William John Light agrees with this answer

William John Light
William John Light
Answered
  • Personal Injury Lawyer
  • Santa Ana, CA
  • Licensed in California

A: It would be easier to contact the Public Works Department, meet with your City Councilman, etc. and get the situation rectified.

Peter N. Munsing
Peter N. Munsing
Answered
  • Personal Injury Lawyer
  • Wyomissing, PA

A: Generally 1) it's not a nuissance case 2) wouldn't be a case you could bring as it would be in the discretion of the DOT & others as to how to set the lights.

If you have an issue with the mechanism for the lights, do understand that DOT regs require only that they be tripped by cars, not by bicycles.

Suggest you contact a local chapter of the League of American Bicyclists as to the administrative remedies or political organizing type remedies.

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