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Articles Posted in Pedestrian Accidents

The San Diego pedestrian injury attorney at the Walton Law Firm learned that 83 year old Dorothy Stephens of La Mesa, California was struck and killed by a van on Monday. According to CBS 8 News, Stephens was crossing the street in a crosswalk at the 10800 block of Calle Verde in Ranch San Diego with a 77 year old friend around 6:30 in the evening.

Stephens was taken to a nearby park in preparation to be picked up by an air ambulance. Unfortunately, she died before the air ambulance arrived. Her friend was taken to a nearby hospital to be treated for serious injuries. The Medical Examiner’s Office and California Highway patrol reported that a 55 year old man from La Mesa was driving the Chevrolet Express 3500 that hit the pair as they crossed the street. According to witnesses he was not speeding. The California Highway Patrol is currently investigating the accident to determine any fault. pedestrian.jpg

Pedestrian Accidents
In an accident involving a pedestrian and an automobile, the incident most often ends with extremely severe consequences for the pedestrian, no matter who was at fault. Sadly, as was the case in the accident described above, it is not uncommon for the injuries to be fatal. However, death is not the only serious consequence for pedestrians. Pedestrians can be left with serious injuries, such as brain trauma, various levels of paralysis, broken bones, cosmetic injury, and more. These types of injuries can not only leave victims with physical pain, but with large medical bills and long term care requirements that can be financially debilitating.

Remedies for Victims
If there are criminal factors at play in an accident between a pedestrian and an automobile, a criminal case will be brought against the party believed to be at fault.

However, whether or not a party violated the law, those injured may have civil remedies available to them. For example, if a serious injury results from an accident, such as paralysis, then the victim can seek money damages as compensation for their losses. These losses can include such items as medical bills, lost income, and payment for any necessary long term care.

At those times it is important for those affected to seek out a legal professional with experience in pedestrian accidents who can help them determine what compensation they may be owed. An attorney can also ensure that various legal standards are met, such as any applicable statute of limitations, in order to successfully proceed with a civil personal injury case.

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Our Southern California injury lawyer knows well the consequences of inadequate upkeep of public transportation spaces. One of the most basic duties that public bodies owe to community members is maintenance of the public areas used by thousands and thousands of residents each day. When those charged with that task fail in their responsibilities the results can be catastrophic. canopy%20collapse.jpg

For example, yesterday a wooden overhead scaffold at the San Ysidro border crossing collapsed, crashing onto unsuspecting motorists, pedestrians, and workers below. Eleven people have been sent to the hospital with varying injuries. One of the San Ysidro canopy accident victims was a pregnant woman, and at least four construction workers were also hurt. One of the workers hurt apparently suffered serious blunt force trauma to his midsection. On top of the physical injuries, rescue workers also indicated that there were concerns about asbestos exposure. Many in the area reported trouble breathing after the extreme exposure to the dangerous dust that blanketed the area after the collapse.

Early reports indicate that the wooden support beams and concrete debris started crashing down on those below shortly before eleven in the morning. Six or seven cars were immediately hit, with significant property damage resulting. A few of the victims were able to get out of the cars on their own while others required the assistance of emergency crews. Engineers were still evaluating the situation to assess the damage and determine the best way to safely remove the debris.

The total area that collapsed was a 50 by 50 foot section of the crossing that was part of a reconstruction project that sits directly over the top of 24 lanes of northbound traffic. The first phase of the project had begun this summer when a Colorado-based firm—Hensel Phelps Construction Co.—began the dismantling process. Investigators have yet to determine exactly what caused the collapse, but clearly some part of the renovation safety effort went awry which resulted in the damaging accident. It will remain important for a full and detailed examination of the area to be conducted to pinpoint the exact problems and to ensure that steps are taken which will prevent any future trouble.

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A Caltrans worker working near trolley lines in National City died today after being struck by the trolley just north of the 24th Street stop. Stephen Palmer, 64, of Jamul was pronounced dead at UCSD Medical Center where he was taken after the accident. He suffered a major head injury.

According to reports, Palmer, who work for the Caltrans Imperial Landscape Crew, tried to get out of the way of the fast moving trolley, but it was too late. Authorities told the media that the driver said he saw Palmer and honked the trolley horn, but a comment by an alleged passenger on the 10News.com website said that that he never heard a horn.

“We are still sifting through the details of what took place, and dealing with the shock of suddenly losing a member of our Caltrans Family,” said Caltrans District Director Laurie Berman. “Our hearts are with Stephen’s family and friends and the employees who worked with him. It is such a tragic loss.”

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Six pedestrians were critically injured, and nearly 20 more hurt, when a taxi driver drove his cab onto a curb and plowed into a crowd leaving a night club in the Gaslamp District. The force of impact amputated one woman’s leg below the knee.

According to reports, the Emerald Taxi cab was heading south on Sixth Street around 2 a.m. when it suddenly, and for no apparent reason, veered onto the sidewalk and into the crowd. The taxi came to a rest near the front doors of the Stingaree club on the corner of Sixth and Jarvis. People in the crowd attacked the driver, who suffered a broken nose and was also hospitalized.

Police aren’t sure what caused the driver to veer into the crowd, but early indications are that it may have been intentional. Police said alcohol was not likely a factor, but one witness said that the driver “seemed to be out of it.”

A customer in a San Marcos 7-Eleven suffered serious injuries when a car driven by Teresa Petersen drove over the sidewalk, through the plate glass window of the storefront, and all the way through until it hit the back wall. She was going so fast that the rear masonry wall was damaged.

Carlos Gradilla, 31, was shipping in the store at the time and was hit by the car. Gradilla was seriously injured, and was taken to Palomar Hospital for what was suspected to be a skull fracture and internal injuries.

Authorities are unclear what caused the accident, and it didn’t appear that Petersen was under the influence.

A woman who became pinned between two cars in a Clairemont Mesa shopping center parking lot suffered serious internal injuries. The accident occurred at the 3500 block of Ashford Street on November 4th when the 65-year-old driver of a PT Cruiser accelerated when her car was in accidentially in reverse, not drive, and slammed into the 67-year-old victim.



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Source: 10News.com

Joel Miranda of Santa Ana will spend at least 10 years behind bars for his role in the death of Francisco Aquino, who was walking as a pedestrian when he was fatally struck by Miranda’s car. According the news reports, Miranda was driving a truck during the early evening of February 1, 2009 when he was struck by a Mercedes Benz that pushed him into the pedestrian Aquino. Aquino later died at an Orange County hospital.

Miranda.jpg After the accident, Miranda fled the scene. He was later arrested at his apartment, where authorities found that his blood alcohol level was .23 over an hour after the accident. He was arrested and charged with vehicular manslaughter. But remarkably, this wasn’t the first time Miranda had been busted for driving under the influence. It wasn’t even his second or third time. This man had prior convictions for drunk driving in 1995, 1997, and 2004, and never served more than a week in jail.

His defense attorney argued that the accident, and the death of Aquino, wasn’t the fault of Miranda, but by the driver of the Mercedes Benz, who started the fatal chain of events. The jury of eight women and four men didn’t buy it, and convicted Miranda after about seven hours of deliberation.

A Del Mar man was struck and killed Friday while trying to cross Centre City Parkway with a group of people. Escondido police said that 29-year-old Wesley Askins III died when he was struck at about 10:25 p.m. near the cross-street of Brotherton Road. Askins was thrown several yards by the collision, and was pronounced dead at the scene.

The southbound driver who struck pulled over at the scene and cooperated with police officers. Police are reporting that the driver did not appear to be under the influence of any drugs or alcohol.

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Anyone with information about the accident is encouraged to call Officer Mike Nelson at (760) 839-4407.

It appears a lawsuit will be filed against Tiffany St. Ives, a woman currently facing criminal charges of striking 17-year-old Marlene Resendiz as she tried to cross Escondido Street in Escondido, then driving away and attempting to cover up the crime. (Here’s a link to some original coverage.) As you may recall, St. Ives hit Resendiz (who was about to be married), then went to great lengths to cover up the accident, including cleaning her car with bleach, repainting, and trying to sell it in Mexico. Luckily, a friend with a conscience turned her in.

Resendiz’s cousin told 10News, “It’s disgusting, cruel and horrible. She took much from our family that she needs to be held accountable for her actions.” Now the family is rightfully filing a wrongful death lawsuit against St. Ives, who operated a sanctuary for farm animals at the time of her arrest, and who was allegedly “on the job” at the time of the accident.

The family’s attorney Dan Gilleon told 10News, “It was such a heartless act on so many levels. The message that needs to be sent is if you commit a crime like this and go to great lengths to cover it up, you should spend the rest of your life paying back the family you’ve harmed so much.”

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In the last year, San Diego has had a series of accidents involving elderly drivers, several of them fatal. (See an earlier blog entry). It has happened again, yesterday in the parking lot of the Bay Ho Costco on Morena Boulevard.

According to reports, an 86-year-old driver was pulling his Cadillac Coupe de Ville out of a parking spot when he apparently saw the pedestrian behind. He tried to stop his car, but accidentally stepped on the accelerator instead of the brake, and the car sped backwards, striking an SUV with solid force. A 40-year-old man who was loading plants into his car was hit and run over, and the victim’s two children, who were sitting in the car, were thrown out an open door.

Incredibly, the old man was still unable to stop his car, which, after careening off the SUV, drove over a small wall, through a fence, and into a nearby building. Witnesses say the car just kept accelerating in reverse. Truly a tragedy.

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