California Injury Blog
A father, who was pushing his 5-month-old baby in a stroller, was hit by a car in Point Loma.
According to an NBC news report, both father and child are in critical condition. The incident occurred early morning on March 1, 2015.
A couple was walking with their baby in a stroller when an SUV turned from Catalina to Canon and struck the father and stroller.
The 47-year-old driver of the SUV stopped and got out to
help the father and child. The father and child were transported to area hospitals. Both suffered serious, life threatening head injuries and broken bones.
A Poorly Designed Intersection?
An NBC 7 map of accidents in Point Loma shows at least eight other accidents in that exact same intersection and area in the past few years.
In all, there have been 78 other accidents in the general vicinity of that intersection. None of those accidents were fatal, but 96 people were injured. Neighbors say most residents in the area try not to use the crosswalk because there have been so many accidents there.
Kathleen Ferrier with Circulate San Diego, a pedestrian advocacy group, said the intersection is poorly designed. She is urging the city to look at streets like these and make them safer.
Pedestrian Accident Statistics
According to California Highway Patrol’s 2012 Statewide Integrated Traffic Records System (SWITRS), there were 26 fatalities and 557 injuries reported in the city of San Diego.
Countywide, 56 people died and 998 were injured as a result of pedestrian accidents during the same year.
Fault and Liability
Based on this news report, it appears that the couple was crossing the street with their baby in a crosswalk, but the driver failed to see them and struck them.
Under California Vehicle Code Section 21950 (a), motorists are required to yield the right-of-way to pedestrians walking in marked or unmarked crosswalks.
We trust officials are also looking into why the driver of the SUV failed to see the pedestrians in the crosswalk. Was there a dangerous condition on the roadway, which may have caused or contributed to the incident?
If the driver is determined to have been at fault, he could be held liable for the injuries and damages caused. Injured victims can seek compensation for damages including medical expenses, lost wages, hospitalization, rehabilitation, pain and suffering and emotional distress.
A knowledgeable San Diego personal injury attorney will also be able to determine whether a dangerous or defectively designed roadway or intersection caused the collision. 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 governmental entity must be properly filed within 180 days of the incident.