Articles Posted in Pedestrian Accidents

OsideAccident-300x171An enlisted Navy man was killed on Saturday while parked on the shoulder of State Route 76 in Oceanside. According to reports, 43-year-old Victor Velez pulled off to the right shoulder on the eastbound side of the road near Foussat Rd. and got out of his car. For reasons currently unknown, an eastbound box truck traveling in the right lane struck the man, killing him.

An investigation into the accident is continuing, and police currently do not believe that alcohol was a factor in the crash. Anyone with any information about the accident is encouraged to contact officer David Paul of the Oceanside Police Department at (760) 435-4431.

Last year, Walton Law Firm represented a man in a similar type of accident. That incident occurred on State Route 78, and involved a tow truck driver who was struck when a large truck veered into the shoulder, striking two people, one of whom died. After an investigation by the law firm, it was established that the negligent driver had the sun in his eyes and may have been reaching for his phone at the time of the accident.

Pokemon_go_home_@_MontrealFor kids and adults alike, the recent Pokémon GO smartphone game has been an exciting activity around Southern California and throughout the country. However, according to a recent report from Inquisitr.com, the game has also resulted in a number of alarming accidents and injuries. You might have heard about pedestrian accidents caused by distracted walking, but Pokémon GO has taken these collisions to a new level, along with serious distracted driving crashes. The problem is not only one affecting people who play the game. Pokémon GO players—due to extreme distractions from the game—are causing serious accidents that are impacting other pedestrians, cyclists, and motorists who are paying attention to the rules of the road.

What should you know about this new smartphone game, and how can you avoid serious accidents and injuries?

Pokémon GO Causes Accidents in Southern California and Across the U.S.

IMG_8957Carlsbad Pedestrian Struck on Freeway Shoulder


How often do pedestrian accidents, in particular hit-and-run collisions, occur in the San Diego area? According to a recent report from The San Diego Union-Tribune, a hit-and-run pickup truck driver recently struck a pedestrian who had been stopped to help a motorist on the shoulder of a Carlsbad freeway. The report indicates that the victim was a 48-year-old man from Tijuana, and his injuries were so severe that he may not survive.

How did the pedestrian accident happen? According to the report, the victim “parked on the shoulder of northbound Interstate 5, south of Palomar Airport Road, to assist a friend whose vehicle was disabled.” At the time of the crash, he had been standing in front of his own vehicle. The pickup reportedly “veered onto the shoulder and hit him.” California Highway Patrol Officer Jim Bettencourt indicated that, after striking the victim, the driver of the pickup truck simply continue driving before taking an exit onto Palomar Airport Road.

DSCN3891Fatal Car Accidents on Halloween

Last year around this time, the Associated Press reported on a severe auto accident in California that resulted in the deaths of three trick-or-treaters. The children who suffered fatal injuries in the pedestrian accident were 13-year-old girls, and two of them were twin sisters. The collision occurred in Santa Ana, and the hit-and-run driver fled the scene and later abandoned the SUV that struck the trick-or-treaters. The girls were struck while attempting to cross the road in a crosswalk.

While it may be impossible to avoid certain car accidents, it is possible to take preventive steps, particularly on Halloween. The article about the deadly hit-and-run accident last year noted that the young girls who were killed had been “wearing costumes with black leggings and dark clothing.”

When automobile drivers tafile000911994102ke their eyes off the road or experience distractions, serious and fatal accidents can occur.  Indeed, according to a recent report from NBC San Diego, a woman suffered fatal injuries after she was struck by an automobile while unloading her car “along a busy La Jolla street.”  The pedestrian accident occurred in the late morning on Girard Avenue, just across the street from Nosh Delicatessen and Orange Theory Fitness, the article reported.

Elderly Driver Strikes Victim

How did the accident happen?  According to reports, the victim, a 45-year-old woman who was a resident of La Jolla, was pinned between her own parked car and the vehicle of the elderly driver who caused the collision.  The driver, a 91-year-old, “backed out of a nearby parking spot on the west side of the street, crossed into the other side, and rammed into the woman,” according to San Diego Police Department Sergeant Joe A. Benavidas.

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Law enforcement authorities in Escondido are looking for a white truck that fatally struck a 23-year-old pedestrian in Escondido yesterday. According to witnesses, at around 10:10 pm last evening (February 3, 2014), a white “U-Haul style” box truck hit 23-year-old Benjamin Ramirez on Bear Valley Parkway just west of Boyle. The truck slowed momentarily and then sped away.

Police believe that the truck may have been damaged to the front left side, and may now be making a rattling sound.

Mr. Ramirez was an Escondido resident who was known to walk in that general area.

Four Major Bus Crashes in December

Rainy weather in Southern California has made the highways slick and dangerous. Currently, four serious bus crashes have occurred on the California highways in the last month. Some commentators believe the rainy weather contributed significantly to the crashes.

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A tour bus on its way to Valley View Casino, just north of San Diego, crashed and caused serious injuries and one fatality, according to an article in Reuters. The bus accident injured more than 20 passengers when it overturned near Fallbrook in the middle of the afternoon, reported California Highway Patrol Office Jim Bettencourt. According to the article, the bus passengers were older adults on a casino excursion. The crash victims were transported to nearby hospitals, where their injuries were reported as “ranging from minor to serious.” In the hours after the accident, the cause of the charter bus crash remained under investigation.

Bus accidents happen with some frequency in California, and such mass transit accidents can be especially dangerous. An article in the Huffington Post reported that federal bus safety regulators recently shut down 52 companies due to poor safety records and failures to meet certain standards. In southern California, buses are not only responsible for transporting San Diego residents on daily commutes through the city, but they also provide transportation for school students and senior citizens. And when these buses aren’t safe, victims can sustain severe injuries.

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In California, there’s a statute of limitations for filing a bus accident injury claim. In our state, under California Code of Civil Procedure §335.1, you must file a lawsuit within two years from the date of your accident. If you have been injured in a bus accident, it is extremely important to speak to an experienced California bus accident lawyer.

Motor Coach Industry Statistics

Just last week, a person was hospitalized after a Metropolitan Transit System (MTS) trolley struck the victim near a station in Grant Hill. Although the investigation remains ongoing, this was a very serious MTS accident. The San Diego Fire-Rescue dispatchers received the call just after midnight on Sunday, and they quickly reported to the trolley station at 25th and Commercial Streets. According to U-T San Diego, the firefighters had to extricate the person from underneath the trolley. It’s not clear yet whether the victim had been a pedestrian or a trolley patron.

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While original reports described the incident as a fatality, emergency medical responders did rush the victim to Scripps Mercy Hospital in San Diego. News reports described the victim as having sustained “major injuries.” The incident is still under investigation, and the identity and gender of the victim haven’t been released yet.

Trolley accidents can be very serious for pedestrians, bicyclists, and patrons. If you or a loved one have been injured by a trolley or another public transportation vehicle in the San Diego area, it’s important to speak to an experienced accident attorney as soon as possible. Since California has a statute of limitations for personal injury and wrongful death claims, you’ll need to make sure you’ve filed a claim before your time window runs out.

Here at Walton Law Firm we get many case inquiries from pedestrians who were struck by cars. Many times those accidents occur outside crosswalks, and the initial belief is there cannot be a recovery for someone who is injured while “jaywalking.” Indeed, just yesterday a person was struck and killed in Tierrasanta, and commentors on the news stories want to lay blame on the decedent because she was not crossing in a marked crosswalk.

But are pedestrians always required to use a crosswalk? What if there is not one nearby?

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Generally speaking, it is not illegal to jaywalk. In California, a pedestrian may cross a street anywhere, but of course, must use due caution when doing so. There are exceptions, however. If crossing between two adjacent intersections and both have crosswalks, then the crosswalk must be used (even if it’s far away).(Cal. Veh. Code. §21955) And if a pedestrian is crossing outside a crosswalk, it is the pedestrian’s duty to yield to oncoming cars.(Cal. Veh. Code. §21954) But drivers must also be paying attention to the road and potential crossers.

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