Wesley Askins III was killed in a San Diego car accident after he was hit by a vehicle while trying to cross an Escondido street the night of May 21, 2010. According to a City News Service report, the 29-year-old Askins was crossing Centre City Parkway, with a group of other pedestrians, near Brotherton Road, when a southbound motorist struck him. Askins was knocked several yards toward the curb. He died at the scene. No one else was apparently injured. The driver stopped at the scene. Escondido police officials say the driver did not appear to be under the influence at the time. An investigation is ongoing.

I offer my heartfelt sympathies to everyone who knew and loved Wesley Askins. This must indeed be a devastating loss for his family and friends. Please keep Askins' grieving family in your thoughts and prayers.

Pedestrian Accident Statistics

According to California Highway Patrol's 2008 Statewide Integrated Traffic Records System (SWITRS), there were four fatalities and 55 injuries involving pedestrian accidents in Escondido. In San Diego County as a whole, 63 people died and 998 were injured as a result of pedestrian accidents during the same year.

What Caused this Accident?

Based on this news report, it is not clear whether Askins and the others were in a crosswalk at the time. There are several questions here. Were the pedestrians crossing at an intersection? Who had the light at the time? Who had the right-of-way? Was the driver impaired, distracted or speeding at the time? Did he or she violate any traffic laws? I trust officials are looking into these and other issues in order to determine precisely what happened here.

Laws and Liability Issues

Under California Vehicle Code Section 21950: "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."

If the driver is determined to have been at fault, he or she could be held both criminally and civilly liable for this collision. If this accident was caused by a dangerous condition on the roadway or intersection, the city or governmental agency responsible for maintaining that roadway could also be held liable. Under California Government Code Section 911.2, any claim against a public entity must be filed within 180 days of the accident or injury. An experienced San Diego personal injury lawyer will be able to advise victims' families in such cases about their legal rights and options.

What are some of the precautions pedestrians can take especially while crossing a busy roadway?

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.

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