Teresa McClelland, 50, of Chula Vista died in an October 8, 2008 pedestrian accident after she was struck by a vehicle while walking to church. According to an article in the San Diego Union-Tribune, McClelland was crossing Palomar Street when the collision occurred. Chula Vista police officials say McClelland was not in a crosswalk at the time of the accident. The driver of the car that stuck McClelland was not injured and was not cited or arrested.
This was a tragic accident and I offer my condolences to the family of Teresa McClelland for their loss.
In 2006 there were five pedestrian accidents that involved fatalities in Chula Vista, according to California Highway Patrol data.
Officials say McClelland was not in a crosswalk at the time of the accident. But that does not mean the driver was not responsible for this fatal pedestrian accident. There are several other factors possible. Was the driver speeding right before he struck McClelland? Did he have a clear line of sight of McClelland crossing the street in front of him?
All these are complex questions. A skilled Southern California auto accident attorney will definitely help answer them. The family of Teresa McClelland would be well advised to retain the services of an experienced pedestrian accident attorney from a personal injury law firm. The attorney should also look into other factors such as a dangerous condition on that Chula Vista roadway, which may have contributed to this fatal pedestrian accident. If that is the case, then the governmental agency responsible for maintaining that roadway could be held liable. Any claim against a governmental agency in the State of California must be filed within six months of the accident.
If the motorist who hit McClelland was uninsured or if his auto insurance policy is inadequate to compensate McClelland’s heirs, they may still be able to collect from the “uninsured” or “underinsured” insurance coverage on McClelland’s own auto insurance policy or any other policy that she may have benefits under.