A 70-year-old woman sustained serious injuries in a San Diego car accident, after she was struck by a vehicle while walking across the street. According to a news report in North County Times, the woman was walking across Aldohia Street the afternoon of December 10, 2009, when a westbound Ford Explorer hit her. The woman sustained a broken pelvis and a fractured leg, San Diego police officials said. An investigation is ongoing.

I sympathize with this elderly woman who has been seriously injured in this pedestrian accident. I hope and pray that she has a speedy and full recovery from her injuries. She will be in my prayers.

San Diego Pedestrian Accidents

According to California Highway Patrol's traffic accident statistics, there were 25 fatalities and 575 injuries involving pedestrian accidents in San Diego in 2007. Countywide, pedestrian accidents claimed 51 lives and injured 1,068 people, during the same year. Also in San Diego County as a whole, 268 died and 14,641 people were injured as a result of car accidents in 2007.

Going by this news report, it is not clear where exactly this elderly woman was walking at the time of the accident. Was she in a crosswalk? Was she crossing at an intersection? Was it a lighted intersection? If so, who had the light or the right-of-way at the intersection? Was the driver impaired, speeding, distracted or otherwise negligent at the time of the accident? These are some of the questions that need to be answered in order to determine if there was any negligence on the part of the motorist.

California Crosswalk Laws

If the woman was in a crosswalk or crossing at an intersection, then the driver was required to yield right-of-way under California law. 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."

This pedestrian accident victim would be well-advised to consult an experienced San Diego personal injury lawyer, who will help determine whether there was any negligence involved here. A skilled car accident attorney will also be able to look into whether a dangerous condition on the roadway caused or contributed to the collision. If that was the case, the city or governmental agency responsible for maintaining that roadway could also be held liable. Any such claim against a governmental agency in California, must be promptly filed within 180 days of the accident or injury.

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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