A 55-year-old woman was killed in a car accident in Escondido while trying to cross the street. The San Diego Union-Tribune reports that the pedestrian suffered fatal head injuries as a Honda Civic struck her, the night of July 31, 2010. The car was traveling north on Broadway when it hit the woman, who was walking east across Broadway at Park Avenue. There is apparently no crosswalk at this intersection. This crash is currently under investigation.
My heart goes out to everyone who knew and loved this deceased accident victim. She will be in my thoughts and prayers.
San Diego County Pedestrian Accident Statistics
There were 10 fatalities and 732 injuries involving car accidents in Escondido in 2008, according to CHP's traffic accident statistics. In San Diego County as a whole, 246 people died and 13,527 were injured as a result of car accidents during the same year.
Pedestrian Laws
If the news account is accurate, this intersection lacked a marked crosswalk. The outcome of the impending investigation will very likely determine who was at-fault for this fatal pedestrian accident. At this point however, it is not clear whether this accident was the fault of the motorist or the pedestrian.
California law requires motorists to yield right-of-way to pedestrians crossing at a street intersection. 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 such cases, if the driver is found to have been at fault for the accident and fatality, the accident victim’s family could file a wrongful death claim seeking compensation to cover medical or funeral expenses, lost future earnings, loss of love and companionship and other related damages. Families who have lost a loved one in a pedestrian accident will find it in their best interests to contact an experienced San Diego personal injury lawyer, who will review their case and help hold all negligent parties responsible for their actions.
Does your neighborhood have clearly marked intersections and crosswalks?
None of the parties mentioned in this article are represented by us at the time this article was posted. The source of our information is cited in the article. If you were involved in this incident and have questions as to your rights and options, call a reputable law firm for a consultation. Do not act solely upon the information provided herein. The BISNAR | CHASE personal injury law firm will provide free, confidential consultation to "not at fault" persons and their family members if you mention your source was the “Personal Injury Law Journal." They can be reached at 866-456-5235 during California business hours.
