California Injury Blog
Martha Leon, 55, was killed in an Oceanside car accident after she was struck by a vehicle at an intersection while crossing the street. According to a news report in The San Diego Union-Tribune, the fatal collision occurred at the intersection of Vandegrift Boulevard and Parker Street the night of June 7, 2010. Leon was transported to an area hospital where she died shortly after the crash. The driver of the vehicle told officials that she had the green light. An investigation is ongoing.
I offer my heartfelt sympathies to everyone who knew and loved Martha Leon for their tragic loss. They will be in my thoughts and prayers.
Pedestrian Accident Statistics
According to California Highway Patrol’s 2008 Statewide Integrated Traffic Records System (SWITRS), there were two fatalities and 59 injuries involving pedestrian accidents in Oceanside. In San Diego County as a whole, 63 deaths and 998 injuries were reported as a result of pedestrian accidents during the same year.
Right-of-Way Issues
Based on this news report, it appears that Leon was crossing at an intersection. The driver says she had the green light at the time. I trust officials are interviewing eyewitnesses to confirm the driver’s account and also checking any available video surveillance footage covering the intersection. Under California law, motorists are required to yield right-of-way to pedestrians who are crossing in a marked or unmarked crosswalk or at a 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 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.”
Fault and Liability
Victims’ families in such cases would be well-advised to contact an experienced Oceanside personal injury lawyer, who will stay abreast of the official investigation and make sure that their legal rights and best interests are protected. A skilled car accident lawyer will also be able to determine whether a dangerous or defective roadway condition caused or contributed to the accident. If that was the case, the city or public entity responsible for maintaining that roadway could be held liable. Under California Government Code section 911.2, any such claim against a public entity must be filed within six months of the accident or injury.
As a pedestrian, what precautions do you take, especially at crosswalks and intersections to prevent a collision?
The Bisnar Chase Personal Injury Attorneys is not representing any of the parties mentioned in this article at the time the article was posted. Our information source is cited in the article. If you were involved in this incident or a similar incident and have questions as to your rights and options, call us or another reputable law firm. Do not act solely upon the information provided herein. Get a consultation. The best law firms will provide a free consultation. We provide a free, confidential consultation to not at fault persons named in this article. The free consultation offer extends to family members as well.