A 51-year-old woman was out running with her daughter when a 1998 Ford Expedition jumped the curb and struck her. According to a U-T San Diego news report, the fatal pedestrian accident occurred two blocks north of Tamarack Avenue on Carlsbad Boulevard in Carlsbad. Officials say the first-grade teacher was running a few steps ahead of her daughter at the time of the incident. Paramedics found the local teacher unresponsive and she died en route to the hospital. It is unclear if the 52-year-old Oceanside man who was behind the wheel will face charges for the crash.
Under California law, pedestrians have the right of way when legally crossing the road at intersections and in marked crosswalks. Furthermore, they have the right of way when walking and running on the sidewalk. Under California Code 21952: “The driver of any motor vehicle, prior to driving over or upon any sidewalk, shall yield the right-of-way to any pedestrian approaching thereon.”
Therefore, whenever a pedestrian is struck on the sidewalk, it must be determined why the driver failed to maintain control of his or her vehicle or why the driver failed to yield the right of way. If the crash was a result of an act of negligence, such as impaired driving or distracted driving, the victim or the victim’s family may be entitled to compensation.
The family of a pedestrian accident victim would be well advised to seek legal guidance. Financial support may be available for:
- Any medical bills that resulted from the accident
- Funeral and burial expenses
- Loss of pension, retirement, and medical coverage
- Loss of future wages
- Pain and suffering of the victim
- Loss of companionship to the survivors
However, not all families receive fair compensation for their tragic losses. Many are offered inadequate settlements while others have their claims denied. If you have lost a loved one in a pedestrian accident, please contact an experienced Carlsbad car accident lawyer who will stay abreast of the investigation and ensure that the negligent parties are held liable.
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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