Legal Question in Personal Injury in Virginia

Virginia Sovereign Immunity

Please advise if there is a way to file suit against Fairfax, Virginia for not installing pedestrian lights in the very busy intersection of Route 7 (Leesburg Pike) and Tyco Road -- where I was hit by a car on September 19, 2006 and needed five operations to date. I was hit on the ninth lane of Leesburg Pike when the traffic light changed from red to green for the drivers.

The closest pedestrian light is half a mile away, which would require my walking a total of a mile to cross the intersection with the safety net of a pedestrian light (a counter).

This intersection is used by many pedestrians who work in the area and commute to work like I do. Pedestrians who need to reach the Fairfax connector station will cross this intersection. In spite of the countless pedestrian accidents in this intersection, the County of Fairfax has not installed pedestrian lights to safeguard its tax payers. During my travel through the state of Virginia I have noticed that pedestrian lights were installed in much smaller (2-4 lanes) and quieter streets and intersections in Arlington, Charletville, Lexington, etc. I believe there is a great deal of negligence/apathy demonstrated by Fairfax County due to Virginia's Sovereign Immunity. HELP


Asked on 5/30/07, 10:02 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Virginia Sovereign Immunity

The doctrine of sovereign immunity which you've referenced I believe would protect the county from all suits

alleging conduct of omission attributed to the county(here failure to install pedestrian lights) which allegedly amounted to negligence and liability for such omission(s).

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Answered on 6/01/07, 7:12 am


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