Pedestrian struck by vehicle on unsafe shoulder of road

A woman was walking down Pennsylvania Avenue and was struck by a passing motorist. The pedestrian was killed in the process. The jury who heard the case awarded $3.3 million in damages. In addition to claiming negligence on the part of the driver, the Plaintiff also claimed the state was liable because it did not install a guard rail that would have prevented the accident. Although there are always governmental immunity issues involved in these types of cases, common law suggests that immunity would not apply under the circumstances of this case. Read more about pedestrian accidents here.