Gerardo Perez, 39, was injured in a pedestrian versus bus accident in Baldwin Park after he was struck by a city bus while walking in a crosswalk. According to a news report in The San Gabriel Valley Tribune, the accident occurred August 24, 2010 at the intersection Los Angeles Street and Merced Avenue. Perez was in the crosswalk when the bus made a left turn from Merced Avenue to Los Angeles Street. Police have issued a citation against Perez for "failing to exercise enough caution."

Officials say a witness saw Perez run across three lanes of traffic on Los Angeles Street as the bus turned. Perez denies the eyewitness account saying that the crosswalk signal gave him the go-ahead to cross and he was walking – not running – when the bus hit him. Perez says he suffered broken bones as a result of the accident and has been in a wheelchair since the collision.

My heart goes out to Gerardo Perez and his family. I wish him the very best for a speedy and complete recovery. He will be in my prayers.

Pedestrian Accident Statistics

According to California Highway Patrol’s 2008 Statewide Integrated Traffic Records System (SWITRS), there were no fatalities, but 21 injuries reported as a result of pedestrian accidents in Baldwin Park. In Los Angeles County as a whole, 214 people died and 4,985 were injured due to pedestrian accidents during the same year.

Laws Relating to Crosswalks

Based on this news report, it appears that there are conflicting accounts of how the accident occurred. California law requires drivers of all vehicles to yield right-of-way to pedestrians who are walking in a marked or unmarked 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 this law does not relieve the 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.

Liability Issues

The victim in this case would be well-advised to contact an experienced Los Angeles personal injury lawyer, who will carefully examine all aspects of the case and help hold the negligent parties accountable. If the bus driver was at fault, then he and his employer, the city, could be held liable for the accident and injuries caused. If there was a dangerous condition on the roadway, which caused or contributed to this incident, the city or governmental agency responsible for maintaining that roadway could also be held liable. Under California Government Code section 911.2, any personal injury claim against a governmental entity must be filed within 180 days of the incident.

What are some of the most dangerous roadways for pedestrians in your city? What precautions do you take as a pedestrian while walking in a crosswalk or while crossing the street?

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 Portal." They can be reached at 866-456-5235 during California business hours.

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