A mother and child were hospitalized following a San Diego car accident, in which they were hit inside a a crosswalk, the morning of January 8, 2012. According to an NBC San Diego news report, the pedestrian accident occurred at the intersection of University and 4th Street in Hillcrest. Officials say a couple and their 3-year-old daughter were crossing the roadway when a car hit the mother and child. Both of them were hospitalized and one of them suffered life-threatening injuries. The report makes no mention of an arrest or citation.
My thoughts and prayers are with the mother and child injured in this horrific pedestrian collision. I wish them both the very best for a speedy and complete recovery.
San Diego Pedestrian Accident Statistics
According to California Highway Patrol’s 2009 Statewide Integrated Traffic Records System (SWITRS), 18 people were killed and 494 were injured as a result of pedestrian accidents in the city of San Diego. Countywide, there were 57 fatalities and 937 injuries reported as a result of pedestrian accidents, during the same year.
Based on this news report, the victims were in a crosswalk at the time of the accident. 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.”
I trust officials are looking into whether the driver was distracted, impaired, inattentive or otherwise negligent at the time. Some residents in the area say that the intersection is dangerous especially for pedestrians because drivers who turn there are not paying attention to the foot traffic.
In this particular case, if the driver is determined to have been at fault, he or she can be held liable for the injuries and damages caused. Injured victims can seek compensation to cover medical expenses, lost wages, cost of hospitalization, rehabilitation and other related damages. An experienced San Diego personal injury lawyer will help determine whether a dangerous condition on the roadway may have caused or contributed to the accident. If that was the case, the city or governmental agency responsible for maintaining the roadway can also be held liable. Please remember that any personal injury claim against a California public entity must be properly filed within six months of the incident.