According to ABC 7 News an unnamed man approximately in his 50’s in a wheelchair was struck by an unnamed female motorist early Sunday morning. San Diego police officer David Stafford said the accident happened on the 2800 block of University Avenue at about 2 a.m..The man who was allegedly intoxicated was hit by a Honda sedan when he rolled into the street from between two cars. According to officer Stafford the man suffered serious injuries and was taken to a hospital.
National Highway Traffic Safety Administration statistics indicate that pedestrian accidents are on the rise. Pedestrian fatalities account for 11 percent of motor vehicle fatalities. Over 180,000 pedestrians have been killed in motor vehicle accidents between 1975 and 2005. Pedestrians comprise the second largest category of motor vehicle accident deaths following occupant deaths. On average, a pedestrian is injured in a traffic accident every 8 minutes.On average, a pedestrian is killed in a traffic accident every 111 minutes. In 2005 a total of 4,881 pedestrian were killed in motor vehicle accidents. In 2005, the per capita pedestrian death rate was 1.6 per 100,000 people.
Applicable California Law
Under these circumstances, at first blush it would seem that the man was at fault. However California is a comparative fault state which means that the woman driver could be partially at fault. If, under the circumstances she could have taken reasonable action to avoided the pedestrian or taken evasive action to minimized the collision a proportionate amount of liability could be attributed to her. This is an issue of fact that would require investigation and possibly additional facts would be disclosed during discovery if a lawsuit was initiated.
Often accidents can seem striate forward and uncomplicated to the average person. Some times people think that they are at fault, suffer serious injuries and don’t appreciate that they could be entitled to compensation. That is why if you have been injured in a auto accident, motorcycle accident, bicycle accident, from a defective product or any accident caused by another person you should seek the advice of an experienced personal injury attorney.