Articles Posted in Pedestrian Accidents

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?

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.

In what was described as a gruesome accident scene, a pedestrian was struck by a San Marcos Sheriff Deputy while trying to cross San Marcos Boulevard near Old California Restaurant Row.

According to early news accounts, the pedestrian, Jose Malacara, an employee of nearby Penny Lane Pub and Grill, was trying cross San Marcos Blvd. going from south to north and made it to the median. As he stepped out into the westbound lanes, a sheriff who believed he saw an intoxicated driver, accelerated his vehicle, but did not have his patrol lights or siren on, just as Mr. Malacara stepped out into the street, striking him. Mr. Malacara was pronounced dead at the scene, and the deputy suffered a minor injury.

It is, of course, too early to tell who’s at fault for this accident. Pedestrians have a duty to use due care when crossing streets, and to use crosswalks when feasible. Indeed, California Vehicle Code section 21955 states that when crossing between controlled intersections, “pedestrians shall not cross the roadway at anyplace except in a crosswalk.” The law states, however, that even if a pedestrian is crossing outside a crosswalk, it does not relieve the driver of his or her duty to “exercise due care for the safety of any pedestrian upon a roadway.”

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 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.

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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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.