California Injury Blog
A 69-year-old man sustained serious injuries in a San Diego car accident after he was struck by a FedEx delivery truck while walking in a marked crosswalk, the morning of June 3, 2010. According to a news report in The San Diego Union-Tribune, the man was crossing Federal Boulevard at 50th Street, when a FedEx driver who was exiting a strip mall failed to see the pedestrian in the crosswalk and struck him. The man suffered broken ribs and a collapsed lung. His injuries, however, are not believed to be life-threatening. Officials are still in the process of determining whether any charges will be filed against the driver of the FedEx truck.
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I sympathize deeply with this injured victim and his family. I wish him the very best for a speedy and complete recovery from his serious injuries. He will definitely be in my thoughts and prayers.
Pedestrian Accident Statistics
There were 23 deaths and 533 injuries involving pedestrian accidents in San Diego in 2008, according to California Highway Patrol’s Statewide Integrated Traffic Records System (SWITRS). In San Diego County as a whole, 63 people died and 998 were injured as a result of pedestrian accidents during the same year.
Failure to Yield Right-of-Way
Based on this news report, it appears that the driver of the FedEx truck failed to yield right-of-way to the pedestrian who was legally walking in a marked crosswalk. 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
I trust officials are also looking into whether the driver of the delivery truck was under the influence, distracted or otherwise negligent at the time. If he is determined at fault, then he and his employer could be held financially responsible for the injured victim’s injuries and losses. In such cases, it would be in the best interests of injured victims to contact an experienced San Diego personal injury lawyer, who will advise them about their legal rights and options.
What safety tips would you suggest for pedestrians in crosswalks? How can they be more proactive and vigilant and prevent accidents caused by drivers who are simply not watching the road?
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.