California Injury Blog
A 25-year-old man was injured in a Whittier car accident after he was struck by a vehicle while crossing the street. According to a report in The Whittier Daily News, the injury collision occurred near the intersection of Mar Vista Street and Valley View Avenue, the evening of September 22, 2011. Whittier police officials say, based on initial investigations, that the pedestrian walked from between two vehicles and the driver did not see him. The victim, who suffered head injuries and a possible broken leg, has been transported to an area hospital. An investigation is ongoing.
My thoughts and prayers are with the pedestrian who has apparently sustained serious injuries in this crash. I wish him the very best for a speedy and complete recovery.
Pedestrian Accident Statistics
According to California Highway Patrol’s 2009 Statewide Integrated Traffic Records System (SWITRS), one person died and 30 were injured due to pedestrian accidents in Whittier. In Los Angeles County as a whole, 179 fatalities and 4,918 injuries were reported involving pedestrian accidents, during the same year.
Crosswalk Laws
Based on this news report, it is unclear as to whether the pedestrian was walking in a marked or unmarked crosswalk. Officials say the driver did not have time to react because the pedestrian appeared from between two cars. Motorists are required to yield the right-of-way to pedestrians walking 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
If the driver is determined to have been at fault in this case, he or she could be held liable for the pedestrian’s injuries. A knowledgeable Whittier car accident lawyer will also be able to determine whether a dangerous roadway condition may have caused or contributed to this pedestrian accident. If that was the case, the city or governmental agency responsible for maintaining the roadway can be held liable. Under California Government Code Section 911.2, any personal injury claim against a public entity must be filed within six months of the incident.
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