Authorities have identified a 48-year-old woman who was killed in a pedestrian accident in Twentynine Palms as Sandra Dawn Cox. The San Bernardino County Sun reports that the fatal crash occurred the evening of August 8, 2010 at the intersection of Highway 62 and Encelia Avenue. A 2005 Chrysler driven by 19-year-old Lacey Barker struck Cox as she was crossing Highway 62. Officials are investigating the cause of the accident.
I offer my deepest sympathies to the family and friends of Sandra Dawn Cox for their tragic and heartbreaking loss. They will be in my prayers.
There were two fatalities and 41 injuries involving car accidents in Twentynine Palms, according to California Highway Patrol’s 2008 Statewide Integrated Traffic Records System (SWITRS). In San Bernardino County as a whole, 263 people died and 8,504 were injured as a result of car accidents during the same year.
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.”
Based on this news report, it is not clear whose fault this accident was. If Cox was crossing legally at the intersection, then, it was the driver’s duty to yield right-of-way to the pedestrian. At the same time, pedestrians also have a responsibility to follow the rules of the road and walk only in areas designated for pedestrians. If the driver is determined to have been at fault for this accident, then, she could be held liable for Cox’s wrongful death.
A knowledgeable San Bernardino personal injury lawyer will also be able to determine whether a dangerous roadway condition caused this accident. If that was the case, the city or 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 intersections in your city for pedestrians?
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.