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A 43-year-old has been severely injured in a San Francisco car accident after she was hit by a car while crossing the street in Los Gatos. According to a news report in the San Jose Mercury News, the woman was walking on the north side of Blossom Hill Road near Oak Rim Way, December 1, 2009, when she began crossing the street. As traffic in one of the westbound lanes began to slow down, a driver in the far left lane struck the woman.
The motorist, 19-year-old woman, said her view of the pedestrian was blocked by traffic in the right lane. Police say the woman was not in a crosswalk at the time of the collision. The pedestrian sustained several broken bones and head injury. She was taken to an area hospital where she has been listed in critical condition. The driver has not been cited or arrested pending a police investigation.
I sympathize with this injured victim. I hope and pray that she makes it through her injuries and has a complete recovery. She will be in my prayers.
Car Accidents in Santa Clara County
According to California Highway Patrol's 2007 Statewide Integrated traffic Records System (SWITRS), seven injuries involving pedestrian accidents were reported in Los Gatos. In Santa Clara County as a whole, 20 deaths and 502 injuries occurred as a result of pedestrian accidents in 2007. Also, countywide, 88 were killed and 7,301 were injured due to car accidents during the same year.
If this report is accurate, police are saying that the woman was not in a crosswalk. If I were a member of this pedestrian accident victim's family, I would want to know whether there was a dangerous condition on this roadway, which may have caused or contributed to his accident. I trust investigators are also looking into whether the driver who hit the pedestrian was paying attention to traffic conditions or had been driving too fast or had been distracted .
Who is Liable?
If the driver is determined to be at-fault for this accident, she could be held liable for the woman's injuries. If a dangerous or defective roadway is believed to have been a factor, then the city or governmental agency responsible for maintaining that roadway could also be held liable. California Government Code states that any claim against a governmental entity must be filed within 180 days of the accident or injury. A knowledgeable San Francisco personal injury lawyer will also be able to determine how the injured victim's car insurance policy will apply to a case where the at-fault driver is uninsured or underinsured.
We are 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 a reputable law firm. Do not act solely upon the information provided herein. Get a consultation. The best law firms will provide a free confidential consultation to "not a fault" persons named in this article and their family members.



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