Three siblings were seriously injured in a Victorville car accident after a vehicle struck them as they were walking in a marked crosswalk. According to a CBS news report in The Victorville Daily Press, the injury collision occurred near Liberty Elementary School at the intersection of La Mesa and Sundown roads, the morning of April 17, 2012. Officials say when they arrived the three siblings, ages 13, 10 and 6, were lying in the middle of the road with major injuries. The driver of the Ford Focus that hit the children remained at the scene. No arrests have been made pending the investigation. All three children were transported to an area trauma center.
Updated news reports identify the three siblings by first names — Anthony, Kenneth and Andreace. The middle brother, Kenneth, remains in the hospital with a serious head injury. Anthony and Andreace have been released from the hospital.
My heart goes out to the three children and their family for what they are going through at this time. I wish them the very best for a speedy and complete recovery. Please keep them in your thoughts and prayers.
Pedestrian Accident Statistics
According to California Highway Patrol’s 2009 Statewide Integrated Traffic Records System (SWITRS), there were two fatalities and 18 injuries involving pedestrian accidents in Hesperia. In San Bernardino County as a whole, 39 people died and 440 were injured due to pedestrian accidents, during the same year.
What Caused This Collision?
Based on this news report, it appears that the driver of the Ford Focus struck the children, who were walking in a marked crosswalk. Residents say that the children were headed to school early. Before school starts the crosswalk is usually manned by a crossing guard, say neighbors, who also add that the location has always been dangerous for pedestrians. The city has is now taking short-term and long-term steps to make that crosswalk safer, according to news reports. Motorists are required under the law to yield the right-of-way to pedestrians in marked and unmarked crosswalks.
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 in this case is determined to have been at fault, then, he or she can be held liable for the children’s injuries. A knowledgeable San Bernardino personal injury lawyer will be able to determine whether a dangerous roadway condition caused or contributed to the incident. If that was the case, the city or governmental agency responsible for maintaining the roadway can also be held liable. Under California Government Code Section 911.2, any personal injury claim against a governmental entity must be properly filed within 180 days of the incident.