California Injury Blog
A 34-year-old woman was killed in a San Francisco car accident after she was hit by a vehicle while crossing the street in a marked crosswalk. According to a news report in the Oakland Tribune, the woman was walking at the intersection of Mission Boulevard and Berry Avenue, the night of March 30, 2010, when she was struck by a Saturn sedan driven by a 29-year-old man. The man told police that he did not see the woman until the moment the accident happened. Officials say they do not believe drugs or alcohol were involved. An investigation is ongoing.
My heart goes out to the family and friends of this woman for their tragic loss. Police say the woman may have been a transient. Please keep this victim and her family in your prayers.
Pedestrian Accident Statistics
According to California Highway Patrol’s 2008 Statewide Integrated Traffic Records System (SWITRS), there were four fatalities and 74 injuries involving pedestrian accidents in Hayward. In Alameda County as a whole, pedestrian accidents claimed 33 lives and injured 649 people in 2008.
Crosswalk Law
Based on this news report, it appears that the driver of the Saturn failed to see the woman in the crosswalk, at that intersection. I trust officials are looking into why that occurred. They don’t believe speed or impairment were factors. However, such accidents commonly occur as a result of driver distraction, inattention or a dangerous condition on the roadway.
California law requires motorists to yield right-of-way to pedestrians at crosswalks. 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.”
Liability Issues
In such cases, families of deceased victims would be well advised to contact an experienced San Francisco personal injury lawyer, who will stay abreast of the investigation and make sure that their legal rights and best interests are protected. If the driver was at fault here, for failing to yield right-of-way to the pedestrian, he could be held liable for her wrongful death. A skilled car accident lawyer will also be able to look into whether a dangerous condition on the roadway caused this accident. If that was the case, the city or governmental agency responsible for maintaining that roadway can be held liable as well. Any claim against a governmental agency in California must be filed within 180 days of the accident or injury.
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.