San Diego, ABC 7 News reported that a man in a wheelchair was struck by a female motorist in the early morning on March 7, 2010. According to San Diego police officer David Stafford, the accident happened at about 2 a.m. on the 2800 block of University Avenue. The disabled man was allegedly intoxicated when he was hit by a Honda sedan after he rolled into the street from between two cars. Officer Stafford said the man sustained serious injuries and was transported to a local hospital.
National Highway Traffic Safety Administration statistics show that pedestrian accidents are on the rise. Pedestrian fatalities account for 11 percent of fatal motor vehicle accidents. More than 180,000 pedestrians were killed in motor vehicle accidents between 1975 and 2005. Pedestrians account for the second largest category of motor vehicle accident deaths after occupant deaths. On average, a pedestrian is injured in a traffic accident every 8 minutes, and a pedestrian is killed in a traffic accident every 111 minutes. In 2005 a total of 4,881 pedestrians were killed in motor vehicle accidents and the per capita pedestrian death rate was 1.6 per 100,000 people.
Applicable California Law
Under the circumstances, it looks like the man was the cause of the accident. However, since California is a comparative fault state, the woman driver’s conduct needs to be taken into account, as she could be partially at fault. If she could have taken reasonable action to avoid the pedestrian, or to minimize the collision, a portion of the liability could be attributed to her. The degree of comparative fault is requires investigation and additional factors could come to light as a result of discovery, if a lawsuit was pursued.
At first blush, many people view the circumstances of an accident as being straight forward and uncomplicated. Far too often people think that they are at fault, even if they sustain serious injuries, and don’t realize that they could be entitled to compensation for their injuries. If you have sustained injury in a auto accident, motorcycle accident, bicycle accident, or from a defective product, you should seek the advice of an experienced personal injury attorney.