San Diego Union Tribune Pauline Repard reported that 71-year-old Jan Chizer-Williams of San Diego lost control of her PT Cruiser, struck, and fatally injured a woman and seriously injured her boyfriend and son on June 3, 2011. The auto accident occurred on University Avenue and Euclid Avenue in City Heights while the three victims were waiting at a bus bench. According to police investigator, officer Dan Wall, the driver suffered a severe low-blood sugar diabetic episode causing her to loose control of her vehicle, jump the curb, heading straight for the bus bench striking the victims and running into a building. Police and paramedics responded, Wall reported that the 10 year-old-boy was knocked unconscious, suffered a broken arm, multiple cuts and was transported to Rady hospital. His 25-year-old mother was taken to Scripps Mercy Hospital where she later died. Her 28-year-old boyfriend was taken to UCSD Medical Center with multiple fractures to his leg and feet.
Our sympathy goes out to the boy, his family and friends of the deceased.
Applicable California Law
It is doubtful that Chizer-Williams will face any criminal charges for the accident unless she knew or should have known she was not fit to drive due to her medical condition. However, she will face civil claims for violation of California Vehicle Code 22107, which requires a driver to stay within their lane until it is safe to move from that lane. She will be liable for any property she damaged as well as the wrongful death of the woman who was killed (see my prior Blog post on California Wrongful Death Law And ” Survivor Statutes”). Furthermore, she is liable for the personal injuries to the boy and the boyfriend (see my prior Blog post for California Personal Injury Damages). As always when there are serious injuries or wrongful death, issues relating to the adequacy of the responsible parties insurance are crucial (see my prior Blog post on California UM/UIM Coverage and Law).
Sitting at a bus stop and life changes forever. Auto accidents or bus accidents resulting in wrongful death, brain injury or serious injury can change the life of the victims and their families forever. Finding out what your rights are by talking to an experienced personal injury attorney is essential to receiving fair compensation.