California Injury Blog
A 62-year-old woman was fatally injured in a San Diego car accident after a vehicle struck her as she crossed the street. According to the San Diego Medical Examiner’s report, the pedestrian accident occurred at the intersection of Reynard Way and Redwood Street in the Middletown area of San Diego, the evening of February 25, 2012.
Officials say the woman was walking east in a marked crosswalk at the intersection when the driver of a tan Honda Civic sedan failed to yield the right-of-way and struck her. The pedestrian was thrown onto the vehicle’s windshield, before falling and hitting the roadway. She suffered severe blunt force injuries. The victim was transported to a local hospital where she died from her injuries. It is not clear if the driver of the Honda Civic, a 75-year-old woman, was cited for failing to yield the right-of-way to the pedestrian in the crosswalk. The investigation is ongoing.
My heartfelt condolences go out to the family members and friends of this deceased victim. U-T San Diego reports that the pedestrian was on her way to Clover Leaf Market to buy a lottery ticket. Tragic! Please keep this grieving family in your thoughts and prayers.
San Diego Pedestrian Accidents
According to California Highway Patrol’s 2009 Statewide Integrated Traffic Records System (SWITRS), 14 people were killed and 70 were injured in San Diego pedestrian accidents. Countywide, there was 18 fatalities and 494 injuries reported due to pedestrian accidents, during the same year.
Crosswalk Laws
Based on this news report, the elderly driver of the Honda Civic failed to yield the right-of-way to the pedestrian who was legally crossing in a marked crosswalk. 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, then, she can be held liable for the victim’s wrongful death here. An experienced San Diego personal injury lawyer will also be able to determine whether a dangerous condition on the roadway caused or contributed to the incident. If that was the case, the city or governmental entity responsible for maintaining the roadway can be held liable. Please remember that any personal injury or wrongful death claim against a California governmental entity must be filed within six months of the incident.