A father pushing a five-month-old child in a stroller was struck by a vehicle in Point Loma; both victims are now listed in critical condition in area hospitals, according to reports. The accident occurred when a couple were walking their baby in a stroller on Canon and an SUV turned into the street from Catalina, striking the father and child. Both father and child suffered serious head trauma. The mother was not injured.
The father, an unidentified 30-year-old man, was taken to Scripps Mercy Hospital while the infant was transported to Rady Children’s Hospital. The driver of the SUV stopped and assisted the victims and cooperated with police. Officials do not believe drugs or alcohol were a factor in the crash.
The intersection where the accident occurred is one that has been criticized for some time by area residents as being particularly dangerous. There have been 78 other pedestrian crashes in that vicinity in the past few years, and at least one resident says she knows better than to try to use the crosswalk at that intersection after having been nearly hit several times.
The intersection includes a sharp turn with limited visibility for both drivers and pedestrians. However, the city has not addressed the issue of placing a traffic signal at the intersection or removing the crosswalk and encouraging those who are on foot to use alternative routes.
Drivers are responsible for maintaining control of their vehicles at all times, and that includes traveling at a safe speed when driving on public streets. However, municipalities, counties and other governmental bodies also have some responsibility in maintaining safe crossings for pedestrians.
Which party is primarily responsible in a pedestrian accident? The answer to that question depends on the circumstances of the accident and is almost impossible to predict in advance. If the driver was speeding or distracted, it is likely that the driver will bear the majority of responsibility in a pedestrian crash. If the intersection is so poorly designed that even a driver using due caution cannot avoid a crash, the city may be responsible. The pedestrian victim may even bear some of the blame if he or she is crossing in an unsafe manner.
If you have been the victim of a pedestrian crash, it is important to understand your rights and establish who is responsible for your injuries. Contact Dan Gilleon in San Diego today for help.