UNION TRIBUNE staff writer, Karen Kucher, reports that a 30-year-old woman and her 2-year-old son were hit by a passing automobile while crossing Fury Lane at around 6 p.m. on April 7, 2010. The victims were hit by Carolann Rogers, 21, of La Mesa who was driving westbound on Fury Lane in her Toyota Camry and struck the woman and her child while adjusting her sun visor, according officer Derek Vinyard of the CHP.
The woman and her son were transported to a hospital by helicopter and she was reported to be in stable but serious condition the following day, stated CHP Sgt. Chris Ertzner. However, her son’s condition was unknown at that time.
Applicable California Law
Although Rogers was not reported to have been speeding at the time, the fact she was distracted because the sun was hampering her vision, would not limit her liability for the victims’ injuries. California Vehicle Code 21950 generally gives pedestrian the right of way. However, pedestrians have a duty to pay attention to oncoming traffic. As reported, there is no indication that the victims were not paying attention, or in any way contributed to causing their own injuries and thus there would not be any comparative fault on their part. The next issue is to ascertain if Rogers, and or the owner of the vehicle that hit the victims, has adequate insurance coverage. It is also important to determine if the victims carry Uninsured/ Underinsured coverage of their own that is greater than the limits of the responsible parties, as this is essential in bridging any potential gap and getting them adequate compensation. In addition, a comprehensive investigation of the incident can lead to finding other factors that contributed to causing the accident. For example, did a condition of the location or surroundings affect the drivers ability to see the victim? A property owner’s failure to trim a hedge, modify a nonconforming structure on their property or a municipality’s failure to maintain or provide adequate lighting, are only some of the issues that need to be evaluated in determining the liability of all potential parties.
Accidents involving pedestrians and motor vehicles generally result in serious injuries, or wrongful death. Far too often this is aggravated by the lack of adequate insurance coverage carried by the driver, and or owner of the vehicle. When victims sustain serious injury because of an auto accident, premises liability, or any other accident caused by the careless acts of another, consulting an experienced personal injury attorney is invaluable.