David Ruling, 31, was critically injured in a San Diego car accident after he was struck by an SUV. According to a news report in The San Diego Union-Tribune, the major injury pedestrian accident occurred the evening of January 22, 2011 on West San Marcos Boulevard near Johnston Lane in San Marcos. Police say the victim ran into the roadway and hit the driver’s side door of a Toyota 4Runner. The pedestrian was transported to a local hospital with severe head injuries. An investigation is ongoing.
My heart goes out to David Ruling. I sincerely hope his injuries were not catastrophic. Please keep this victim in your thoughts and prayers.
Pedestrian Accidents
According to California Highway Patrol’s 2008 Statewide Integrated Traffic Records System (SWITRS), there were no fatalities, but 12 injuries involving pedestrian accidents in San Marcos. In San Diego County as a whole, 63 people died and 998 were injured as a result of pedestrian accidents in 2008.
Laws Relating to Pedestrians
Based on this news report, officials are saying that the pedestrian darted out on the roadway at the street intersection. 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 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.”
Also, according to this particular vehicle code: “This section does not relieve a pedestrian from the duty of using due care for his or her safety. No pedestrian may suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close as to constitute an immediate hazard. No pedestrian may unnecessarily stop or delay traffic while in a marked or unmarked crosswalk.”
Liability Issues
In such cases, if the driver of the vehicle is determined to have been even partially at fault, then he or she could be held liable for the pedestrian’s injuries. A skilled San Diego personal injury lawyer will also be able to determine whether a dangerous roadway condition caused or contributed to the accident. If that was the case, the city or governmental agency responsible for the accident could be held liable as well. Under California Government Code Section 911.2, any personal injury claim against a governmental agency must be filed within 180 days of the accident or injury.
Seriously injured in a San Diego County car accident? Want to know if you have a case? Want to know what your case is worth? Want compensation for your injuries? Want justice? Want to make sure the same thing doesn’t happen to someone else?
Call your best friends in the legal industry after a San Marcos pedestrian accident. Call 800-259-6373. The call is free. The advice may be priceless.
Call a Bisnar Chase Personal Injury Attorneys San Diego car accident lawyer for a free professional evaluation of your case by attorneys who have represented over 6,000 clients since 1978. You will experience award winning representation and outstanding personal service by a friendly law firm in a comfortable environment.