Harold Tolliver, 92, was killed in a San Diego car accident when a vehicle hit him as he crossed the street in an unmarked crosswalk. According to a U-T San Diego news report, the fatal pedestrian accident occurred at the intersection of Shoreline and Toscana drives in University City, the morning of January 17, 2012. Officials say Tolliver was crossing the road when a 43-year-old driver in a car with “fogged up” windows struck him. Tolliver died later that afternoon in a hospital. Officials have not cited the driver involved in the collision, but the crash remains under investigation.
My deepest condolences go out to the family and friends of Harold Tolliver for their devastating loss. My thoughts and prayers are with his family during this difficult time.
San Diego Pedestrian Accidents
According to California Highway Patrol’s 2009 Statewide Integrated Traffic Records System (SWITRS), 18 people were killed and 494 were injured as a result of pedestrian accidents in the city of San Diego. Countywide, 57 people were killed and 937 were injured due to pedestrian accidents, during the same year.
Crosswalk Laws
Based on this news report, Tolliver was walking in an unmarked crosswalk of an intersection at the time of the accident. 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.”
Liability Issues
I trust officials are looking into why the driver did not see the elderly pedestrian. If the driver is determined to have been at fault, he can be held liable for Tolliver’s wrongful death. An experienced San Diego personal injury lawyer, in addition to staying on top of the official investigation, will be able to determine whether a dangerous roadway condition caused or contributed to the incident. If that was the case, the city or governmental agency responsible for maintaining the roadway can also be held liable. Under California Government Code Section 911.2, any personal injury or wrongful death claim against a governmental entity must be filed within 180 days of the incident.