Felipe Rodriguez Huerta, 84, was killed in a San Diego car accident after he was struck by a vehicle in a crosswalk, the morning of December 22, 2010. According to the San Diego Medical Examiner’s report, Huerta was crossing the street at the intersection of Oxford Street and Broadway in Chula Vista, when a 2006 Nissan Titan truck struck him. Huerta was transported to a local hospital where he died from his injuries. An investigation is ongoing.
I offer my deepest condolences to the family and friends of Felipe Rodriguez Huerta for their tragic and devastating loss. Please keep them in your thoughts and prayers.
Pedestrian Accident Statistics
According to California Highway Patrol’s 2008 Statewide Integrated Traffic Records System (SWITRS), there were six fatalities and 58 injuries involving pedestrian accidents in Chula Vista. In San Diego County as a whole, 63 people died and 998 injuries were injured in pedestrian accidents during the same year.
Laws Relating to Pedestrians
Based on this news report, Huerta was walking in a marked crosswalk. However, it is not entirely clear why the driver of the Nissan Titan failed to see him in the crosswalk and struck him. I trust officials are looking into why the driver failed to yield right-of-way to the pedestrian in the crosswalk, and if speeding, recklessness, or distracted driving was a factor here.
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.”
Fault and Liability
If the driver of the Nissan is determined to have been at fault, then he or she could be held liable for Huerta’s wrongful death. Families of deceased victims in such cases can seek compensation for medical and funeral expenses, lost future income, loss of love and companionship, and other related damages.
An experienced San Diego personal injury lawyer will be able to better advise families of car accident victims about their legal rights and options. If the accident was caused by a dangerous condition on the roadway, the city or governmental agency responsible for the maintenance of the roadway can also be held liable. Under California Government Code Section 911.2, any personal injury or wrongful death claim against a governmental entity must be filed within 180 days of the incident.
Lost a family member in a San Diego County car accident? Want to know your rights? Want to know what your case is worth? Want compensation? Want justice? Want to ensure the same thing doesn’t happen to another family?
Call your best friends in the legal industry after a fatal Chula Vista pedestrian accident. Call 800-561-4887. The call is free. The advice may be priceless.
Call a BISNAR | CHASE San Diego wrongful death lawyer for a free professional evaluation of your rights by attorneys who have been representing families of deceased accident victims since 1978. You will experience award winning representation and outstanding personal service by a compassionate and understanding law firm in a comfortable environment.