An October 13, 2009 San Diego car accident has severely injured a wheelchair-bound man when he was hit and run over by a distracted motorist, according to a news article on 10News. The accident happened near the intersection of Ninth Avenue and E Street as the driver of a car who was talking on his cell phone collided with another vehicle, before running into the wheelchair, San Diego police officials said. The man in the wheelchair was thrown out of his seat and on to the road as the car that struck him came to a stop on top of him, crushing him. The man, who has not been identified, but is said to be about 60-years-old, suffered major injuries. He was freed from under the car and taken to a local hospital for treatment.

I'm shocked by this terrible accident. What an unfortunate turn of events for this poor man in the wheelchair. My prayers are with him and his family. I sincerely hope he will recover soon from his injuries.

California Car Accident Laws

It is against California law to drive while talking on a handheld device or texting. According to California Vehicle Code section 23123 (a): "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."

This news account is not clear on where exactly the man in the wheelchair was at the time of the collision. By California Vehicle Code 467(a), a wheelchair user would be required to stay on sidewalks or shoulders and crosswalks. If this report is accurate, the driver who hit the wheelchair, while on the phone, appears to be at fault. The wheelchair user here, it seems to me, is unlikely to have broken any laws or made any unsafe movements. The distracted driver involved in this accident, if found to be at-fault, should be held both, criminally responsible for breaking the law, and civilly accountable for striking and injuring another road user due to negligent actions.

Consulting A San Diego Personal Injury Lawyer

The victim of this car accident and his family would be well-advised to seek a consultation with a skilled San Diego personal injury lawyer. The services of a reputed law firm will certainly help victims protect their legal rights. This injured victim has suffered a great deal because of the motorist's actions. A knowledgeable car accident attorney will secure for the victim the compensation he deserves while holding all negligent parties accountable.

We are 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 a reputable law firm. Do not act solely upon the information provided herein. Get a consultation. The best law firms will provide a free confidential consultation to "not a fault" persons named in this article and their family members.

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