Pedestrian Killed in Night Accident
A 40 to 50-year-old pedestrian killed while crossing University Avenue in City Heights on Saturday night has yet to be identified, according to San Diego police,
The man was attempting to cross University Ave when he was hit by a pickup truck heading east. The driver of the truck, an unidentified 50-year-old man, stayed at the scene and cooperated with the police. At this time, the driver is not being held at fault for the crash.
Rescue workers performed CPR while the victim was taken to the hospital, but he died an hour later. As a result of the accident, University Avenue was blocked between Menlo and Euclid Avenues for about two hours for police to conduct their investigation. All roads are now re-opened.
Determining Fault in Pedestrian-Vehicle Accident
Pedestrian-vehicle accidents are a common occurrence. According to the California Office of Traffic Safety, in 2011 pedestrian accidents across the state increased by almost four percent, with an estimated death toll of 600.
In most cases, drivers are held responsible for pedestrian-vehicle accidents. This is because drivers are supposed to be aware of their surroundings. The law assumes that drivers should see pedestrians and be able to avoid them. In the context of personal injury law, this responsibility is called reasonable or due care. Some actions can mean that the driver failed to use reasonable care and caused injury to another person. Negligence in a case like this could stem from distracted driving, drunk driving or speeding.
In a personal injury case, the driver is held to the standard of what a normal and careful driver would do in the same circumstances. A cautious driver will be extra vigilant and will keep the vehicle under control. Sometimes, drivers are very careful and pedestrians break the law; in those cases, the pedestrians may be liable or partially liable for their own injuries. In some cases, juries may find that both the driver and the pedestrian are partially at fault and award the victim partial damages.
How The Gilleon Law Firm, APC Can Help You
Whether you are a pedestrian or bicyclist, you should be able to have an expectation of safety when sharing the road with vehicles. If you are injured by a vehicle, the law in California allows you to seek compensation for your injuries.
If you have suffered a severe injury caused by a negligent driver, the Gilleon Law Firm, APC can help. We provide compassionate service to our clients, coupled with aggressive and knowledgeable legal support and representation. When you choose us, we can help you fight for your rights and recover the compensation you deserve.
