Jameson Darapheth, a 4-year-old boy was fatally injured in a San Diego car accident the afternoon of July 9, 2010 after he was struck by a car in Encanto. According to a news report in the San Diego Union-Tribune, the boy was watched by his 12-year-old brother at the time. The older boy went across the street to get their puppy when the toddler ran behind him and was struck by a Chevy Malibu. Jameson was transported to a local hospital where he died. The 19-year-old car driver, Samuel Metu, reportedly left the scene momentarily, but returned. He was arrested a little later under suspicion of hit-and-run. Police believe speed, drugs or alcohol did not play a part in this crash.

I offer my deepest condolences to the family and friends of Jameson Darapheth. Please keep this family in your thoughts and prayers.

Pedestrian Accidents

According to California Highway Patrol's 2008 Statewide Integrated Traffic Records System, there were 63 deaths and 998 injuries as a result of pedestrian accidents in San Diego County. In the unincorporated areas of the county, 13 people died and 80 injuries were reported due to pedestrian accidents in 2008.

Laws and Liability Issues

Based on this news report, it appears that the child may have run out in the path of the Chevy Malibu. Neighbors also say that speeding is a common problem on the street. It is not yet clear whether this accident is the fault of the child or the driver who struck him. There are several questions here. Was the driver traveling too fast? Why did the driver fail to stop the car once he saw the children crossing the road? Was the driver impaired, distracted or otherwise negligent? I trust officials are examining these and other issues closely in order to determine what occurred here and why.

The driver also initially failed to stop at the scene of the crash, which is illegal under California law. California Vehicle Code 20001 (a) states: "The driver of a vehicle involved in an accident resulting in injury to a person, other than himself or herself, or in the death of a person shall immediately stop the vehicle at the scene of the accident."

If the motorist is found to have been responsible, he can be held liable for the wrongful death of the 4-year-old. An experienced San Diego personal injury lawyer will help victims and their families protect their legal rights and best interests. A skilled car accident lawyer will also help determine whether a dangerous roadway condition caused the crash. If that was the case, the city or governmental agency responsible for maintaining the roadway could also be held liable. Under California Government Code section 911.2, any claim against a governmental agency must be filed within six months of the accident or injuries.

We would like to hear your tips and suggestions about keeping young children safe on the roadways.

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.