A male pedestrian sustained serious injuries in a San Bernardino car accident after he was struck by a vehicle near an Upland street intersection. According to a news report in the Inland Valley Daily Bulletin, the injury crash occurred at the intersection of Mountain Avenue and 11th Street the night of September 4, 2010. The driver, a woman in her 20s, was southbound on Mountain when she hit the pedestrian. The driver apparently told police that the man crossed in front of her car and she was unable to stop in time. Police are investigating whether alcohol was a factor in the crash.

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My heart goes out to the injured pedestrian in this crash. I wish him the very best for a speedy and complete recovery. Please keep him in your thoughts and prayers.

Pedestrian Accident Statistics

According to California Highway Patrol's 2008 Statewide Integrated Traffic Records System (SWITRS), there were no fatalities, but 16 injuries involving pedestrian accidents in Upland. In San Bernardino County as a whole, 39 people died and 432 were injured as a result of pedestrian accidents during the same year.

Pedestrian Laws in California

Based on this news report, it is not clear whether the pedestrian was walking in a crosswalk. If that was the case, the motorist should have yielded right-of-way to the pedestrian. 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."

Victims' Claim for Compensation

I trust officials are also looking into whether this driver was intoxicated at the time. If that was the case, she could be looking at criminal charges in addition to civil liability. Injured victims in such cases could seek compensation to cover medical expenses, loss of wages, cost of hospitalization, surgeries, pain and suffering, and other related damages.

A knowledgeable San Bernardino personal injury lawyer will also be able to determine whether a dangerous condition on the roadway caused or contributed to the incident. If that was the case, the governmental entity responsible for maintaining the roadway could be held liable as well. Under California Government Code section 911.2, any personal injury claim against a public entity must be filed within 180 days of the accident or injury.

In your opinion, what are some of the precautions pedestrians can take to avoid accidents?

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At the time this article was posted, none of the parties mentioned in this article were represented by any of our sponsoring law firms. The source of our information is cited in the article. No independent investigation was conducted unless specifically mentioned in the article. Do not act solely upon the information provided herein; get a comprehensive consultation with a reputable law firm.