A woman was seriously injured in a car accident in San Diego after she was struck by a vehicle at a street intersection. According to a U-T San Diego news article, the injury collision occurred at the intersection of 58th Street and University Avenue in the El Cerrito area, the night of July 3, 2012. Police say the woman sustained a possible hip or leg fracture. The circumstances of the collision are not clear. The investigation is ongoing.
My thoughts and prayers are with the injured victim of this San Diego accident. I wish her the very best for a speedy and complete recovery.
Pedestrian Accidents in San Diego
According to California Highway Patrol’s Statewide Integrated Traffic Records System (SWITRS), there were 18 fatalities and 494 injuries involving San Diego pedestrian accidents in 2009. Also, countywide, pedestrian accidents claimed 57 lives and caused 937 injuries, during the same year.
Based on this news account, it appears that the pedestrian accident occurred at a street intersection that has crosswalks. It is not clear if the driver in this case failed to yield the right of way to the pedestrian.
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 it is determined that the driver here had failed to yield the right of way to the pedestrian, he or she can be held liable for the victim’s injuries. Pedestrian accident victims can seek compensation to cover medical expenses, lost wages and benefits, cost of hospitalization, rehabilitation and other related damages. Victims or their families would be well advised to contact an experienced San Diego personal injury lawyers, who can help 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 that roadway can also be held liable. Under California Government Code Section 911.2, any personal injury claim against a public entity must be filed within 180 days of the incident.