A man in a wheelchair who was fatally injured in a pedestrian accident the night of August 9, 2010 has been identified as 60-year-old Louis Chambers. The San Bernardino County Sun reports that the fatal collision occurred near the intersection of Grove Avenue and Ninth Street in Upland, when a 2004 Toyota Corolla struck Chambers. He was taken to an area trauma center where he was pronounced dead. Officials conducted a DUI investigation at the scene and determined that the driver of the Corolla was not under the influence. They are looking into the cause of the accident.
I offer my deepest sympathies to everyone who knew and loved Chambers for their tragic and devastating loss. They will be in my prayers.
There were 39 deaths and 432 injuries involving car accidents in San Bernardino County. Also, countywide, 263 people died and 8,504 were injured as a result of car accidents during the same year.
Laws and Liability Issues
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 law also requires motorists to yield right-of-way to pedestrians in crosswalks under Vehicle Code section 21950.
If the driver of the Corolla is determined to have been at fault here, then he or she could be held liable for Chambers’ wrongful death. Families of deceased victims in such cases would be well-advised to consult an experienced San Bernardino personal injury lawyer, who will stay on top of the investigation and make sure that the negligent parties are held accountable.
A skilled car accident lawyer will also be able to determine whether a dangerous roadway may have caused or contributed to the accident. If that was the case, the governmental entity responsible for maintaining that roadway could also be held liable. Please remember that any personal injury or wrongful death claim against a California public entity must be filed within six months of the accident or injury.
What are some of the most dangerous roadways for people in wheelchairs in your city or neighborhood?
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.