A 21-year-old woman and her child were seriously injured in a San Diego car accident the evening of April 7, 2010 after they were struck by a vehicle. According to a news report in The San Diego Union-Tribune, the major injury collision occurred near the intersection of Fury Lane and Wieghorst Way. The woman and her 3-year-old son were crossing Fury when a Toyota Camry driven by a woman struck them.

The driver told officials that she was blinded by the evening sun and was moving the sun visor down when she struck the woman and child. Both mother and son were transported to an area hospital with major injuries. California Highway Patrol officials say drugs or alcohol do not seem to have been a factor in this crash. An investigation is ongoing.

My heart goes out to the family of this woman and her child. I can only imagine the difficult time they are going through. I hope the victims have not sustained catastrophic injuries and pray for their quick and complete recovery.

Pedestrian Accident Statistics

According to CHP's 2008 Statewide Integrated Traffic Records System (SWITRS), there were 23 fatalities and 533 injuries involving pedestrian accidents in San Diego. Countywide, 63 deaths and 998 injuries were reported as a result of pedestrian accidents during the same year.

What Caused the Accident

Based on this news report, it appears that the driver of the Toyota did not see the woman and the child walking across the road. She blamed it on the glare of the sun. Officials have ruled out the involvement of drugs or alcohol in this incident. However, I trust they are looking into whether the driver was distracted, inattentive or otherwise negligent at the time. I would also want to find out whether the pedestrians were walking in a crosswalk or at an intersection at the time.

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."

Liability Issues

If this serious injury collision was caused by the driver's negligence, she could be held liable for the injuries caused to the pedestrians. The injured victims in this case can seek compensation to cover medical expenses, loss of wages, hospitalization, rehabilitation and other related damages. If this accident was caused by a dangerous condition on the roadway, the governmental entity responsible for maintaining the roadway could also be held liable for the accident and injury. Any such claim against a California governmental agency must be filed within 180 days of the accident or injury. An experienced San Diego personal injury lawyer will be able to advise injured victims and families about their legal rights and options.

How can motorists be more watchful at intersections especially when it comes to pedestrians?

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.