California Injury Blog
Argelia Rojas, 49, was critically injured in a March 10, 2009 Thousand Oaks pedestrian accident after she was struck by a car while crossing at the intersection of Westlake Boulevard and Devonshire Avenue. According to this news report in the Ventura County Star, Rojas who was crossing the street in a crosswalk with a 2-year-old child managed to get the toddler out of the path of a Toyota Corolla driven by 60-year-old Linda Ellsworth an instant before the car versus pedestrian collision occurred. The child, Mitchell Ito, was uninjured.
Traffic investigators apparently measured the skid marks that went across the pedestrian walkway and down to Ellsworth’s Toyota Corolla, which was parked on Westlake Boulevard with its windshield smashed. Officials also say there were no obvious signs of anything that would have obstructed the Ellsworth’s vision as the car approached the intersection.
My heart goes out to Argelia Rojas, who suffered critical injuries in this Thousand Oaks pedestrian accident. I hope she has a quick and complete recovery. I’m relieved that the young child, Mitchell, was uninjured. Rojas and her family will be in my prayers.
According to California Highway Patrol’s 2006 statistics, there was one pedestrian accident fatality in Thousand Oaks and 24 injuries related to pedestrian accidents. In Ventura County as a whole, there were 11 deaths and 189 injuries reported as a result of pedestrian accidents.
In this case, if the news reports are accurate, it appears to me that the driver, Linda Ellsworth, was not paying attention to the road. She apparently did not see Rojas and Mitchell in the crosswalk walking across the street. I trust traffic investigators will look into whether Ellsworth was driving under the influence, distracted, speeding or inattentive. California’s Vehicle Code section 21950 mandates that vehicle drivers yield the right-of-way to pedestrians crossing a roadway within any marked or unmarked crosswalk. Section 21950 provides that a vehicle driver approaching a pedestrian within a marked or unmarked crosswalk shall exercise all due care and shall reduce their speed and take any other action relating as is necessary to safeguard the safety of pedestrians.
Argelia Rojas and her family members would be well-advised to consult an experienced California pedestrian accident attorney such as Bisnar Chase Personal Injury Attorneys who will examine all aspects of this case and hold the negligent parties accountable for their actions. Based on this news source it is possible the street intersection here is extremely dangerous to cross. A skilled personal injury lawyer will also determine whether this Thousand Oaks roadway or street intersection played a part in the accident. If this should be the case then the city or the governmental agency responsible for maintaining that roadway could be held liable for Rojas’ injuries. Any claim against a governmental agency in California must be properly filed within six months of the accident.