A man who caused a fatal San Diego car accident, is likely to face misdemeanor vehicular manslaughter charges. According to a news report in the San Diego Union-Tribune, the driver ran a red light and struck 69-year-old Willie Robinson who was in a wheelchair and on a sidewalk when the crash occurred October 13, 2009. Robinson spent more than a month in the hospital undergoing several surgeries, but ultimately succumbed to his injuries on November 29, 2009.
Was the Driver Distracted?
Eyewitnesses report that the driver was talking on a hand-held cell phone when he was driving. But so far, the driver has denied to police officials that he was on the phone at the time. Police say they have not verified those reports yet.
California Car Accident Laws
Driving while texting, or talking on a hand-held cell phone is a violation of California law. California Vehicle Code Section 23123 (a) states: "A person shall not drive a motor vehicle while using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving." Police say they are still not clear whether the driver was in fact distracted at the time of this fatal pedestrian accident.
If I were a member of the victim's family, I'd want to know whether police attempted to look into the driver's cell phone records to determine whether he was on the phone at the time. Police are alleging that the driver ran a red light, struck another car and then hit Robinson, who was on the sidewalk. Running a red light is also a serious violation under California Vehicle Code Section 21453 (a).
An Experienced Injury Lawyer Can Help
The victim's family in this case would be well-advised to retain the services of an experienced San Diego personal injury attorney, who will stay on top of this case and make sure justice is done. A skilled injury lawyer will also help the family file a wrongful death claim against the negligent party, and secure them compensation to cover medical and funeral expenses, lost earnings, loss of love and companionship, and other related damages.
The BISNAR|CHASE personal injury law firm 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.
