A nine-year-old girl was struck and seriously injured in a pedestrian accident on November 26 around 5:15 p.m. in San Marcos. According to authorities, the girl ran into the street and was struck by a northbound white-colored Infiniti G35 in the 400 block of North Twin Oaks Valley.
Sheriff’s Deputy Frank Stalzer said that the injured child was immediately rushed to Rady Children’s Hospital to receive medical treatment. We hope and pray that the injuries suffered by the young girl heal soon.
The motorist stayed at the accident scene and cooperated with the deputies to help them further investigate the accident.
Generally, drivers are not bound to foresee a child running out in front of the car, especially if the motorist has no knowledge about any child near the road and cannot be expected to discover their presence. However, if a motorist is aware or should be aware of the child’s presence, he or she has a duty to exercise reasonable care for their safety.
Negligence of the motorist can only be determined if there is enough proof that the motorist saw the child running towards the street before she was struck. If it is found that the motorist was obeying all requirements of the law and was travelling at a safe speed, then there is a possibility that he won’t be held liable for this accident.
The motorist needs to consult with an experienced child dart-out accident attorney to learn about his or her legal rights. The injured girl’s family members are also advised to get in touch with an experienced attorney that can help them get their deserved compensation if in fact the negligence of the motorist did cause the child’s injury.
If your child was struck and injured by a car or if you struck a child with your vehicle, contact our experienced San Marcos car accident attorneys at (888) 233-5020 for the personal attention and peace of mind you need.
Ross Jurewitz is the founder and managing lawyer of the Jurewitz Law Group, a San Diego personal injury attorney law firm. These San Diego injury accident lawyers specialize in helping people seriously injured in a variety of accidents throughout San Diego County and California.
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