A 3-year-old girl and 1-year-old boy were critically injured in a Ventura car accident after they and their mother, 19-year-old Alma Lopez, were struck in a crosswalk by a man suspected of driving under the influence. According to a news report in the Ventura County Star, the major injury collision occurred the morning of August 31, 2010 in Oxnard, when the driver of a tow truck, identified as 45-year-old Mehran Khamseh, hit Lopez as she pushed her two children in a stroller in a marked crosswalk on Vineyard Avenue.
Khamseh continued without stopping, dragging the two toddlers who were stuck under the truck’s axle, for a distance of a quarter-mile. Thankfully, victims flagged down the truck and freed the two children, officials said. Khamseh was arrested on suspicion of driving under the influence of drugs. Lopez sustained moderate injuries, but the two children were transported to a local hospital in critical condition.
My heart goes out to Lopez and her family for what they are going through at this time. I pray that the two seriously injured children recover quickly and completely.
Pedestrian Accident Statistics
According to California Highway Patrol’s 2008 Statewide Integrated Traffic Records System (SWITRS), two people were killed and 72 were injured in Oxnard pedestrian accidents. In Ventura County as a whole, eight deaths and 224 injuries were reported as a result of pedestrian accidents during the same year.
Crosswalk Law
California law requires motorists to yield right-of-way to pedestrians in crosswalks. In this case, officials say the driver struck the pedestrians, who had the green light, in the 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.” It is also a serious crime to operate a vehicle under the influence of alcohol and/or drugs under California Vehicle Code Section 23152 (a).
Victims’ Claim for Compensation
Car accident victims in such cases would be well-advised to contact an experienced Ventura personal injury lawyer, who will stay abreast of the official investigation and make sure that their legal rights and best interests are preserved. In this injury collision, a skilled attorney can determine whether Khamseh was on the job. If that was the case, his employer can also be held liable. Injured victims and their families could seek compensation to cover medical expenses, loss of wages, cost of hospitalization, rehabilitation and other related damages.
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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.