California Injury Blog
Esther Weinshenker, 93, was killed in a San Diego car accident when a car hit her as she crossed the street the morning of January 5, 2011. According to a news report in The San Diego Union Tribune, the fatal pedestrian accident occurred on Jackson Drive near the San Carlos Shopping Center. The police say Weinshenker was trying to cross the road after shopping at a nearby store. She sustained fatal injuries after being struck by a Toyota Tundra in the number one lane. A local worker said that Weinshenker was not crossing at an intersection or a crosswalk but at a location where many local residents choose to cross the road. An investigation is ongoing.
My heartfelt condolences go out to the family and friends of Esther Weinshenker, who was killed in this tragic pedestrian accident. My thoughts and prayers are with them during this difficult time.
San Diego Pedestrian Accident Statistics
According to California Highway Patrol’s 2008 Statewide Integrated Traffic Records System (SWITRS), 23 people were killed and 533 were injured in San Diego pedestrian accidents. During that same year, there were 63 fatalities and 998 injuries reported involving San Diego County pedestrian accidents.
Laws Relating to Pedestrians
Under California law, motorists are required to yield right-of-way to pedestrians who are walking 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.”
The same section also states: “This section does not relieve a pedestrian from the duty of using due care for his or her safety. No pedestrian may suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close as to constitute an immediate hazard. No pedestrian may unnecessarily stop or delay traffic while in a marked or unmarked crosswalk.”
Liability Issues
Families of deceased victims in such cases would be well-advised to seek the counsel of an experienced San Diego personal injury lawyer, who will analyze all aspects of the incident and ensure that the negligent parties are held liable. A skilled car accident attorney will also be able to determine whether a dangerous roadway caused or contributed to the pedestrian accident. If that was the case, the city or governmental agency responsible for maintaining the roadway could also be held liable. Under California Government Code Section 911.2, any personal injury or wrongful death claim against a public entity must be filed within 180 days of the incident.
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.