California Injury Blog
A wheelchair-bound pedestrian was fatally injured in a San Diego car accident after being hit by a van while in a crosswalk, the night of June 25, 2011. According to a news report in The San Diego Union-Tribune, the fatal pedestrian accident occurred at the intersection of Midway Drive, Point Loma Boulevard and Sports Arena Boulevard in the Midway District, when a van from Sam Kholi Ministries struck and killed the man in the wheelchair. The article states Sam Kholi Ministries runs a payroll company and a trucking company called Jesus Christ is Lord Travel Center. The victim was thrown onto the crosswalk, while his wheelchair was stuck under the van. Officials are investigating this fatal pedestrian collision.
I offer my deepest condolences to the family members and friends of this pedestrian for their tragic and heartbreaking loss. Please keep them in your thoughts and prayers.
Pedestrian Accident Statistics
According to California Highway Patrol’s 2008 Statewide Integrated Traffic Records System (SWITRS), there were 23 fatalities and 533 injuries involving San Diego pedestrian accidents. In San Diego County as a whole, 63 people died and 998 were injured due to pedestrian accidents during the same year.
Crosswalk Laws
Based on this news report, it appears that the pedestrian in the wheelchair was crossing the intersection and in the crosswalk when he was struck by the commercial van. Motorists are required under the law to yield right-of-way to pedestrians in marked or unmarked 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
I trust officials are looking into why the van did not stop to yield right-of-way to the pedestrian. Was the driver impaired, distracted, speeding or otherwise negligent? If the driver of the van is determined to have been at fault, both the driver and his or her employer could be held liable for the pedestrian’s wrongful death. In such cases, the victim’s family could seek compensation for medical expenses and funeral costs, loss of companionship, and other related damages. An experienced San Diego personal injury lawyer will better advise car accident victims and their families about their legal rights and options in such cases.
Lost a family member in a San Diego County car accident? Want to know your rights? Want to know what your case is worth? Want compensation? Want justice? Want to ensure the same thing doesn’t happen to another family?
Call your best friends in the legal industry after a fatal San Diego pedestrian accident. Call 800-259-6373. The call is free. The advice may be priceless.
Call a Bisnar Chase Personal Injury Attorneys San Diego wrongful death lawyer for a free professional evaluation of your rights by attorneys who have been representing families of deceased accident victims since 1978. You will experience award winning representation and outstanding personal service by a compassionate and understanding law firm in a comfortable environment.