Two people, one of them identified as 25-year-old Sean Hendrick, were injured in a pedestrian accident in Ojai the evening of September 2, 2010. The Ventura County Star reports that the crash happened near the intersection of El Paseo Road and Canada Street when Hendrick and a 17-year-old girl were crossing the street. Hendrick suffered head injuries and the girl was also injured, but neither sustained life-threatening injuries, officials said. Lavonne Vail, the driver of the vehicle that hit the pedestrians told police that she was not able to see them because of the sun’s glare.
I’m relieved to hear that neither one of the victims suffered critical or catastrophic injuries. I pray that they recover fully and quickly from their injuries.
One fatality and 40 injuries were reported as a result of Ojai car accidents in 2008, according to California Highway Patrol’s Statewide Integrated Traffic Records System (SWITRS). In Ventura County as a whole, 63 fatalities and 3,785 injuries were reported as a result of car accidents during the same year.
Laws and Compensation Issues
Based on this news report, it is not clear if the pedestrians were crossing the street in a marked crosswalk. Motorists are required under the law to yield right-of-way to pedestrians in 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.”
In this particular case, if the driver is determined to have been at fault, then, she could be held liable for the victims’ injuries. I trust officials are also looking into whether the driver was impaired, distracted, speeding or otherwise negligent at the time of the collision. An experienced Ventura personal injury lawyer will analyze all aspects of the incident and make sure that the negligent parties are held liable.
What are some of the most dangerous roadways for pedestrians in your city or neighborhood?
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.