Two pedestrians sustained injuries in a San Francisco car accident after they were struck by a vehicle in a crosswalk. CBS News reports that the injury pedestrian accident occurred at the intersection of Kirk Avenue and Madeline Drive near an elementary school in San Jose, the morning of January 5, 2010. Injured in this collision were a crossing guard and a woman in a wheelchair. The driver, who told police she couldn’t see the pedestrians because of the glare, was cited for failing to yield to pedestrians in the crosswalk.
It is indeed fortunate that neither of these pedestrians was seriously injured in this car accident. I hope and pray that both injured victims recover quickly and completely from their injuries.
There were 12 fatalities and 319 injuries involving pedestrian accidents in San Jose, according to California Highway Patrol’s 2007 Statewide Integrated Traffic Records System (SWITRS). Countywide, 20 deaths and 502 injuries were reported as a result of pedestrian accidents during the same year.
California Laws and Liability Issues
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.”
In this particular case, based on the news report, the driver struck the pedestrians who were legally walking in the crosswalk. In such cases, injured victims can seek compensation to cover medical costs, loss of earnings, physical therapy expenses and other related damages. An experienced San Francisco personal injury lawyer should also advise victims about how their car insurance policy will apply to a case involving an uninsured or underinsured motorist.
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.