A 70-year-old woman in a wheelchair was injured in a San Diego car accident the afternoon of October 16, 2009 after she was hit by a speeding car, CBS News reports. The woman was apparently in an unmarked crosswalk in the 2300 block of Sixth Avenue near Balboa Park when the vehicle struck her. San Diego police officials said no alcohol or drugs were involved, but speed was a factor in the pedestrian-car crash. It’s not clear whether the 55-year-old male driver was cited or arrested. The woman was taken to a San Diego hospital with a broken hip and other possible injuries.
I sympathize deeply with this injured victim who has apparently suffered serious injuries, possibly as a result of a speeding driver. I hope and pray that she has a speedy and complete recovery from her injuries.
Pedestrian Accidents in San Diego
According to California Highway Patrol’s Statewide Integrated Traffic Records System (SWITRS), there were 25 fatalities and 575 injuries involving pedestrian accidents in San Diego, California. In San Diego County as a whole, 51 fatalities and 1,068 injuries were reported as a result of pedestrian accidents in 2007. Also during the same period, 268 deaths and 14,641 injuries were reported as a result of car accidents in San Diego County.
Based on this newspaper report, it appears that the motorist struck the woman who was legally crossing in an “unmarked crosswalk.” California law states that motorists should yield right-of-way to pedestrians who are crossing a street in a marked or unmarked crosswalk or at an intersection.
California Car Accident 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.”
Also, 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.
The injured victim in this case would be well-advised to consult with an experienced San Diego personal injury attorney who can help determine whether there was any negligence involved. A skilled car accident attorney should also look into whether there was a dangerous condition on the roadway, which caused or contributed to this car accident. If that was the case, the city or governmental agency responsible for maintaining that roadway could also be held liable. According to California Government Code, any claim against a governmental entity must be filed within six months of the accident or injury.
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.