A toddler and two women were injured in a San Diego car accident after a vehicle struck them as they crossed the street. According to a news report in The San Diego Union-Tribune, the injury collision occurred the afternoon of January 24, 2012 at the intersection of Tiger Way and Positive Place in San Marcos. Officials say the 22-year-old female motorist was making a left turn onto Tiger Way from westbound Positive Place when her vehicle collided with the three pedestrians. The women, ages 61 and 40, were transported to a local hospital with complaints of pain, while a 3-year-old girl was airlifted to Rady’s Children’s Hospital for treatment of unknown injuries. An investigation is ongoing.
My heart goes out to the three injured victims of this car accident. 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 15 injuries involving pedestrian accidents in San Marcos. In San Diego County as a whole, 57 people died and 937 were injured as a result of pedestrian accidents, during the same year.
Laws Relating to Pedestrians
Based on this news report, it is unclear whether the women and the child were walking in a marked crosswalk. Motorists are required by law to yield the right-of-way to pedestrians in marked or 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
I trust officials are looking into why the driver could not stop in time to avoid this collision. Was the driver speeding, distracted or inattentive? If it is determined that the driver was at fault, then, she can be held liable for the victims’ injuries. Injured victims in such cases can seek compensation to cover medical expenses, loss of earnings, cost of hospitalization, rehabilitation, and other related damages. Car accident victims would be well advised to contact an experienced San Diego personal injury lawyer, who will analyze all aspects of the incident and ensure that the negligent parties are held liable.