A seven-year-old girl was tragically struck and killed Friday afternoon in San Diego when she was struck by a pickup truck as she ran across the street toward an ice cream truck, police reported. The accident occurred on Iona Drive near Market Street in the Emerald Hills neighborhood shortly after 3 p.m. The girl had just been dropped off by her mother at a family friend's home on Iona Drive. She stepped off the sidewalk on the east side of the street and was hit by a pickup truck going north on Iona Drive.
The driver of the car that struck her had three children inside his vehicle with him. Police do not believe he was under the influence of alcohol or speeding, although the incident remains under investigation.
When paramedics arrived, the young girl was unconscious, not breathing and in apparent respiratory cardiac arrest. She was rushed to Rady Children's Hospital, where she died at 3:41 p.m.
The victim was identified by the San Diego County Medical Examiner as Ayania Murrell of Spring Valley. She had just turned seven years old this week. Our deepest sympathy goes out to her family. Please keep them in your prayers during this difficult time.
Police could not find any adult witnesses, and are looking for the driver of the ice-cream truck. The vehicle was described as a panel vehicle with a Scooby Doo character on the driver's side.
Liability in "Dart-Out" Cases
Under ordinary circumstances, drivers are not expected to anticipate a young child darting out in front of their vehicle, particularly if the driver has no knowledge of children nearby. However, in this case, the driver may have been aware of the presence of children, as he had to drive around the ice cream truck and there were reportedly a number of children in the area. An ice cream truck, bus stop, school or park all may give a driver caution to look for the presence of children.
For attorneys, dart-out cases can be challenging and emotionally difficult. However, an attorney who has successfully handled child dart-out cases may help the family understand and protect their legal rights. The driver may be found at least partially at fault if he failed to yield, disregarded traffic signs, was speeding, or otherwise driving negligently. The family of the child killed in this horrific, devastating accident would be well-advised to speak to a San Diego wrongful death lawyer about their legal rights and who was at fault and ultimately responsible for this heartbreaking accident.
Rest in peace, Ayania. So sad to read about this!!