An elderly woman was struck and seriously injured as she was crossing a roadway in El Monte. According to a news report in The San Gabriel Valley News Tribune, the injury collision occurred the morning of July 10, 2013 at the intersection of Peck Road and Hallwood Drive. The woman, said to be in her late 80s or early 90s, was taken to a trauma center with serious injuries, but appeared to be in stable condition, police said. The driver remained at the scene and talked to the authorities. No citations or arrests were reported. The investigation is ongoing.
Pedestrian Accident Statistics
One fatality and 37 injuries were reported in El Monte as a result of pedestrian crashes in 2010, according to California Highway Patrol’s Statewide Integrated Traffic Records System (SWITRS). In Los Angeles County as a whole, 195 people died and 4,535 were injured due to pedestrian accidents during the same year.
Crosswalk Laws
Based on this news report, it appears that the elderly woman was crossing at the intersection when the crash occurred. However, it is not clear if she was in a crosswalk. California Vehicle Code Section 21954 states: “Every pedestrian upon a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway so near as to constitute an immediate hazard.” The same section also states: “The provisions of this section shall not relieve the driver of a vehicle from the duty to exercise due care for the safety of any pedestrian upon a roadway.”
Fault and Liability
I trust officials are looking into whether the driver in this case was impaired, distracted, speeding or otherwise negligent at the time. It is also not known who had the right-of-way at the time. If the driver is determined to have been at fault, then he or she can be held liable for the woman’s injuries. Injured victims in such cases can seek compensation for damages including medical expenses, lost wages, cost of hospitalization, permanent injuries, disabilities, pain and suffering and emotional distress. Injured victims would also be well advised to contact an experienced Los Angeles personal injury lawyer who will analyze all aspects of the incident and ensure that the negligent parties are held liable.
If a dangerous condition at the intersection caused or contributed to the incident, 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 agency must be filed within 180 days of the incident.