California Injury Blog
April Maher, 17, of Highland, was killed in a pedestrian accident on October 7, 2008 after she was struck by a hit-and-run driver who is still at large. According to this ABC News report, April was walking with friends on Del Rosa Avenue when she was hit from behind by a speeding car. The stretch of Del Rosa Avenue is reportedly one without sidewalks and packed with parked cars, forcing pedestrians to walk on the street.
April Maher was struck and thrown at least 40 feet landing underneath one of the parked cars. April was pronounced dead at a local hospital. San Bernardo County Sheriff’s Department investigators believe the hit-and-run vehicle has front-end damage and could have been a Toyota. Anyone with information about this horrible hit-and-run pedestrian accident is asked to call 909-425-9793.
I offer my deepest condolences to the family of April Maher. They have suffered a tragic loss. Please keep them in your prayers.
Clearly, this Highland roadway was dangerous for pedestrians since there were no sidewalks. The cars parked on the sides of Del Rosa Avenue made it impossible for these girls to walk a safe distance away from traffic. I trust that the hit-and-run driver in this case will be apprehended and brought to justice. There is no question whoever this driver is should be held criminally and civilly responsible for this tragic accident.
The City of Highland must also look into this dangerous roadway and fix the problem before more lives are lost and more people are injured. It is possible that drivers may not even have a clear line of sight on this street because of all the parked cars.
Under the provisions of California’s Government Code Section 835, a public entity is liable for the damages of a person injured because of a condition of public property when the injured person proves that:
1. There was a dangerous condition on the public property at the time of injury;
2. The injury was proximately caused by the dangerous condition;
3. The dangerous condition created a reasonably foreseeable risk of injury of the kind that occurred; and 4. Either (a) The negligent or wrongful action or failure to act of an employee of the public entity created the dangerous condition, or (b) the public entity had actual or constructive notice of the dangerous condition a sufficient time before the injury to have taken measures to protect against the dangerous condition.
A public entity may absolve itself from liability for creating or failing to remedy a dangerous condition by showing that it would have been too costly and impractical (unreasonable) for the public entity to have done anything else but what it did or did not do (Government Code Section 835.4).
The family of April Maher would be well advised to retain the services of a reputed Southern California pedestrian accident attorney who has extensive experience dealing with government agencies and claims. This family needs a skilled personal injury lawyer who will fight for their rights. Please remember that claims against any government agency in the State of California must be filed within six months of an accident.