A pedestrian sustained fatal injuries in a car accident after being hit by a vehicle in Tulare the night of August 8, 2010. According to a news report in The Fresno Bee, the pedestrian was walking in the northbound lane of West Street north of Zumwalt Avenue when a northbound 1999 Volkswagen Jetta driven b y 19-year-old Tessa Wilker struck the person. Wilker told California Highway Patrol officials that she did not see the pedestrian on the street until it was too late. The pedestrian, whose name was not released, died at the scene. Wilker sustained minor injuries. An investigation is ongoing.

I offer my deepest condolences to the family and friends of this deceased accident victim. Please keep them in your thoughts and prayers.

Pedestrian Accidents

According to CHP's 2008 Statewide Integrated Traffic Records System (SWITRS), there were no fatalities, but 15 injuries reported as a result of pedestrian accidents in Tulare. Countywide, nine people died and 88 were injured as a result of pedestrian accidents during the same year.

Accident Causes

Based on this news report, it is not clear how or why this crash occurred. There are still several unanswered questions here. Where was the pedestrian walking at the time? Was he or she in a crosswalk or in traffic lanes? How fast was Wilker going at the time of the collision? Was Wilker distracted, impaired or negligent in any other way? Was there a dangerous condition on the roadway, which may have caused or contributed to this fatal collision? I trust officials are looking into these and other issues in order to determine the cause of this accident.

Liability Issues

Motorists are required under the law to stop and yield right-of-way to pedestrians in marked or unmarked crosswalks. However, pedestrians also have the duty to follow the rules of the road and not walk in the path of vehicles. If the driver in this case is determined to have been at fault, she could in addition to facing criminal charges, also be held civilly liable for the pedestrian's wrongful death.

Families of deceased victims in these cases would be well-advised to seek the counsel of an experienced California personal injury lawyer, who will analyze all facets of the crash and make sure that the negligent parties are held accountable for their actions. A skilled car accident attorney will also be able to determine whether a dangerous or defective roadway caused or contributed to the accident. If that was the case, the governmental entity responsible for maintaining that 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 properly filed within 180 days of the incident.

What are some of the most dangerous roadways for pedestrians in your city or neighborhood?

None of the parties mentioned in this article are represented by us at the time this article was posted. The source of our information is cited in the article. If you were involved in this incident and have questions as to your rights and options, call a reputable law firm for a consultation. Do not act solely upon the information provided herein. The BISNAR | CHASE personal injury law firm will provide free, confidential consultation to "not at fault" persons and their family members if you mention your source was the “Personal Injury Law Journal." They can be reached at 866-456-5235 during California business hours.