A woman was severely injured in a San Diego car accident after she was struck by an SUV at a city intersection. According to a news report in The San Diego Union-Tribune, the woman was walking at the intersection of Second Avenue and Elm Street in the Park West neighborhood the morning of April 28, 2010, when a Ford Explorer hit her. The female pedestrian sustained major injuries in this collision. She was transported to a nearby hospital with hip injuries. An investigation is ongoing.
My heart goes out to this injured pedestrian and her family. I hope her injuries were not catastrophic and pray for her speedy and complete recovery.
Pedestrian Accident Statistics
According to California Highway Patrol's 2008 Statewide Integrated Traffic Records System (SWITRS) there were 23 fatalities and 533 injuries involving pedestrian accidents in San Diego. Countywide, 63 people died and 998 were injured as a result of pedestrian accidents during the same year.
Based on this news report it appears that the woman was walking in a crosswalk at the time of the collision. If that was the case and if she had the light, the motorist could be found at fault for failing to yield right-of-way to a pedestrian.
Crosswalk Laws
California Vehicle Code section 21950 states: "The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection." The same section also states that the driver of a vehicle approaching a pedestrian within any marked or unmarked crosswalk "shall exercise all due care and shall reduce the speed of a vehicle or take any other action relating to the operating of the vehicle as necessary to safeguard the safety of the pedestrian."
Liability Issues
Injured victims in such cases would be well-advised to contact an experienced San Diego personal injury lawyer, who will stay on top of the official investigation and make sure that their legal rights and best interests are protected. A skilled car accident attorney will also be able to determine whether there was a dangerous condition at the intersection at the time of the injury collision. If that was the case, the city or governmental agency responsible for maintaining that roadway could also be held liable. Please remember that any claim against a governmental agency in California must be filed within 180 days of the accident or injury.
What are the most dangerous intersections for pedestrians in your city or neighborhood?
The BISNAR|CHASE personal injury law firm is not representing any of the parties mentioned in this article at the time the article was posted. Our information source is cited in the article. If you were involved in this incident or a similar incident and have questions as to your rights and options, call us or another reputable law firm. Do not act solely upon the information provided herein. Get a consultation. The best law firms will provide a free consultation. We provide a free, confidential consultation to not at fault persons named in this article. The free consultation offer extends to family members as well.
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