A man in a wheelchair sustained severe injuries in a San Diego car accident the afternoon of October 13, 2009 after he was struck by a driver who was apparently talking on his cell phone at the time of the collision. According to a news report on 10News, the injury accident occurred at Ninth Avenue and E Street. The driver collided with another vehicle before striking the man in the wheelchair. The vehicle came to a stop on top of the victim, San Diego police officials said. The victim was freed from under the vehicle and taken to an area hospital for treatment of his serious injuries.
My heart goes out to this injured victim who was apparently struck because of the driver’s negligence. I wish him the very best for a speedy and complete recovery. Here was a man making his way in a wheelchair and he gets struck by a driver who couldn’t stop talking on his cell phone? Tragic! This victim will certainly be in my prayers.
San Diego Pedestrian Accident Statistics
According to California Highway Patrol’s 2007 Statewide Integrated Traffic Records System (SWITRS), there were 41 deaths and 894 injuries involving California pedestrian accidents in San Diego. In San Diego County as a whole, 51 deaths and 1,068 injuries were reported in 2007 as a result of pedestrian accidents.
California Vehicle Code 467(a) defines motorized wheelchair users as pedestrians, with all of the same rights and restrictions as someone walking along a roadway. That means vehicles are required to yield to them, and that the wheelchair users are to stick to sidewalks or shoulders and crosswalks.
California Car Accident Laws
California law also prohibits motorists from driving while talking on a handheld device or texting. According to California Vehicle Code section 23123 (a): “A person shall not drive a motor vehicle while using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving.”
If officials determine that this motorist caused the accident because he was driving while talking on his cell phone, he could and should be criminally and civilly responsible for the serious injuries caused to the victim. The injured victim in this case would be well-advised to contact an experienced San Diego personal injury lawyer, who will keep up with the official investigation and make sure that the negligent parties are held responsible for their actions. In such cases, injured victims could seek compensation to cover medical costs, lost wages and other related damages. The best San Diego personal injury lawyers will always offer free consultations to injured victims and their families.
The Bisnar Chase Personal Injury Attorneys 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.